Law: Penal Code (XLV of 1860)

Section: 302(b),364,201,404,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364, 201, 404, 148, 149---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, dishonest misappropriation of property possessed by deceased person at the time of his death, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused were charged for abducting brother of complainant with an intention of his qatl-i-amd and after his murder, accused persons had screened the dead body---Motive behind the occurrence was that the accused had suspicion that deceased had illicit relations with his wife---According to complainant, the accused and proclaimed offender were arrested and she was confident---Complainant further responded that she met both the accused in Police Station---Prosecution witness, in his examination-in-chief, stated the date of arrest of accused when he joined Inspector---Said date was in complete contrast to the date given by complainant---Prosecution witness was also self-conflicted when he, in cross-examination, specifically replied that as per his information accused were arrested in case after 5/6 days of the occurrence---From that angle the dates became the same which complainant maintained in her deposition---On the other hand, Investigating Officer without any ambiguity and in clear words claimed that he arrested accused and proclaimed offender from a Chak---Taking into account that contradictory position, subsequent story of recovery of dead body, had come under serious doubts---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss.302(b), 364, 201, 404, 148, 149---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, dishonest misappropriation of property possessed by deceased person at the time of his death, rioting armed with…

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