Law: Penal Code (XLV of 1860)

Section: 302(b),311,322,496-A

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 311, 322 496-A---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, qatl-bis-sabab, enticing or taking away or detaining with criminal intent a woman, possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of his wife/daughter of the complainant as the co-accused enticed her away---Record showed that no direct evidence of the occurrence was available---So far as the accused was concerned, the witnesses mentioned in the first report had not supported the contents of the report---All the three eye-witnesses had resiled from their earlier statements---Prosecution was then left with circumstantial evidence---Circumstantial evidence in the case had not been found netted together---Circumstantial evidence comprised of mostly isolated pieces of evidence which could not be considered as sufficient for connecting the accused with the commission of offence---No evidence was available that the lady had been enticed away or killed by the co-accused---Circumstances established that the prosecution had not been able to prove case against accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Nazeer Ahmad v. The State 2016 SCMR 1628; Nasrullah alias Nasro v. The State 2017 SCMR 724; Muhammad Pervaiz v. The State and others PLD 2019 SC 592; Arshad Mehmood v. The State 2005 SCMR 1524 and Saeed Ahmad v. The State 2015 SCMR 710 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 311, 322 496-A---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, qatl-bis-sabab, enticing or taking away or detaining with criminal intent a woman, possession of unlicensed arms---Appreciation of evidence---Recovery of weapon of offence on the pointation of accused and crime empty from the spot---Reliance--- Scope--- Accused was charged for committing murder of his wife/daughter of the complainant as the co-accused enticed away her---Record showed that an empty of 30 bore pistol had been…

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