Law: Pakistan Penal Code, 1860

Section: 302/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Delay in recording the Statement u/S. 161 Cr.P.C.--Acquittal of co-accused--Acquittal of--Both these PWs had not stated in their evidence that they had seen the appellant while firing on the person of the deceased--PW-11 attracted at the crime scene and on seeing them, Appellant/ her mother also fled away--Statement u/S. 161, Cr.P.C was got recorded after a noticeable delay of 22-days and no explanation whatsoever is available on record--Co-accused, who has been acquitted from the charge, was introduced in this case through a supplementary statement--Ocular account, and their testimonies are not worth reliance and no implicit reliance can be placed upon the same to maintain the conviction--Medical evidence does not provide any corroboration,rather the same is always supportive in nature--Crime empty and weapon of offence pistol 30 bore were sent together to the office of Punjab Forensic Science Agency (PFSA)--Any reasonable doubt arising out of the prosecution story shall be resolved in favour of the deceased--Instant appeal is allowed. 2019 SCMR 652; 2019 SCMR 79; 2009 SCMR 230; PLD 2002 SC 1048; 1995 SCMR 1345 ref. JUDGMENT Appellant Mst. Alia alias Nainan has challenged conviction and sentence awarded to her by the learned Addl. Sessions Judge, Karor, District Layyah vide judgment dated 28.04.2016 in private complaint under Section 302/34, PPC regarding case FIR No. 05 dated 05.01.2011 registered at Police Station Karor, District Layyah, whereby she was convicted and sentenced as under;- (i)Under Section 302(b), PPC awarded imprisonment for life. She was also directed to pay Rs. 50,000/- as compensation under Section 544-A, Cr.P.C. to the legal heirs of the deceased, Muhammad Afzal Shah, which shall be recoverable as arrears of land revenue and in case of its default, to further undergo six months simple imprisonment. Benefit under Section 382-B, Cr.P.C. was also extended to her. Whereas co-accused Muhammad Asif was acquitted of the charge vide judgment dated 30.05.2015 by the learned trial Court. 2. Precisely, facts of the case are that on 05.01.2011 at about 8:40 a.m., Faiz Muhammad complainant…

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