Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, possession of illicit arms---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---Accused was charged for committing murder of his wife on the pretext of kari---From the perusal of evidence it appeared that it was a case of spy information and incident occurred in day time---Police (ASI) had failed to associate with him independent persons of the locality---Moreover, it had come on record that some ladies were present at the time of incident, but they were not examined by the prosecution at trial---Presumption would be drawn, if said persons would have been examined, they might have not supported the case of prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qatl-i-amd, possession of illicit arms---Appreciation of evidence---Benefit of doubt---Infirmities---Accused was charged for committing murder of his wife on the pretext of kari---It was not believable that the accused was waiting for the police to kill his wife---Prosecution story, on close scrutiny, appeared to be unnatural---As per prosecution case police party had left police station vide Roznamcha entry No.2 at 07.10 a.m., but there was overwriting in the entry number---Prosecution failed to furnish any explanation---Police (ASI), who was head of the police party, had deposed that accused was previously known to him, but he had been contradicted by Police Constable, who stated that ASI had enquired name from the accused after the incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qatl-i-amd, possession of illicit arms---Appreciation of evidence---Benefit of doubt---Police…

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