Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Perusal of record showed that the deceased, when still alive, was brought to the hospital by individuals other than those mentioned in the crime report---Entire family comprising of four brothers had been aligned in the crime report, each armed with a club and alleged to have taken on the deceased, therefore, the solitary wound on the deceased did not correspond with such an array and, thus, argument that the prosecution had cast a wider net merited serious consideration---One of the acquitted co-accused received a head injury during the brawl for which the prosecution had not taken the investigating agency or the Court into confidence---Such circumstances adversely affected the prosecution story, which was calculated to withhold relevant details of the events that occurred on the fateful day---Petition for leave to appeal was converted into appeal and allowed, and the accused was acquitted of the charge. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.--- The petitioner, alongside his brothers, namely, Muhammad Akram, Muhammad Aslam and Nazar Hussain, stands convicted by a learned Additional Sessions Judge, vide judgment dated 15.06.2011, for committing Qatl-i-amd of Mushtaq Ahmad, 45, at 9:00 a.m. on 15.10.2010 within the precincts of Police Station Saddar Vehari in the backdrop of a dispute over turn of water; he was sentenced to death while the remainders to imprisonment for life; the High Court altered penalty of death into imprisonment for life while acquitting the co-convicts from the charge vide impugned judgment dated 26.01.2017. Incident was reported by deceaseds widow Khurshid Bibi (PW-7) in the DHQ Hospital at 10:35 a.m; she was statedly present with the deceased while irrigating the field when the accused, armed with clubs, confronted them within the view of Javed Abbas and Fateh Sher PWs. Muhammad Akram exhorted his companions whereupon the petitioner dealt the deceased a club blow on his head; as he felled on the ground, the co-accused thrashed him with multiple blows; commotion attracted the neighbourhood whereupon the accused took to the heels. The injured was medically…

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