Law: Penal Code (XLV of 1860)

Section: 302(2)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Presence of alleged eye-witnesses at place of occurrence doubtful---Complainant had not mentioned in her application for registration of FIR that she was also accompanying the persons who took the deceased to the hospital---Nothing was available on record to show that the deceased in injured condition was shifted to a hospital and was medically examined by a doctor---Postmortem examination on the dead body of deceased was conducted belatedly after about fourteen hours of the occurrence and after about seven hours of registration of FIR, whereas the doctor who conducted autopsy of dead body of the deceased mentioned that facility of post mortem was available at the hospital round the clock---While appearing before the Trial Court, complainant made material improvements in her examination in chief in comparison to the version she had given in the FIR---Other eyewitness also made improvements in his examination in chief over the statement he recorded before the police---In the FIR, it was the case of prosecution that the accused and co-accused persons belonging from rival parties fired at the deceased, however, the doctor who examined the deceased observed only a single entry wound on the chest of deceased---No empty was secured from the spot by the investigating agency, therefore, the report of Forensic Science Laboratory was confined to working condition of weapon allegedly recovered at the instance of accused---Motive for the occurrence set out by the prosecution had rightly not been believed by the High Court---All such circumstances led to the definite conclusion that the presence of eyewitnesses at the place of occurrence at the relevant time was not above board and prosecution had failed to prove its case against the accused beyond reasonable doubt---Jail petition was converted into an appeal and allowed, the conviction and sentence of accused was set aside, and he was acquitted of the charge framed against him. JUDGMENT MANZOOR AHMAD MALIK, J. Khalid Mehmood along with Muhammad Idrees, Fahad Mchmood, Muhammad Asghar, Muhammad Waris alias Shera, Abdul Sattar and Muhammad…

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