Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)---S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Possibility of suicide---Complainant was not an eye-witness of the crime nor anyone else came forward to disclose the circumstances leading to the unnatural death of the deceased---Accused not only took the deceased to the hospital but also informed the complainant at an odd hour of the night of the death of deceased---Locale of injury being the face below the right eye with blackened margins was a possible choice for a person wanting to take his own life---No positive opinion of medical officer was on record that ruled out the possibility of suicide---Mystery of the occurrence was fraught with doubts and, thus, it would be unsafe to maintain the conviction of accused---Appeal was allowed, and the accused was acquitted of the charge. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Syed Zulfiqar, 42, was shot dead during the night between 27/28-1-2015 within the precincts of Police Station Qaidabad, Quetta; the appellant conveyed information to deceased’s brother Jawad Hussain (PW-1) who attended the casualty in Civil Hospital Quetta. A solitary fire shot on the right side of face was opined as fatal. The complainant named the appellant as suspect without citing any motive for the crime. Indicted before the learned Addl. Sessions Judge-II Quetta, the appellant claimed trial, pursuant whereto, the prosecution produced a number of witnesses, complainant being the most prominent of them, who reiterated his case in the witness-box. The appellant confronted prosecution evidence with a denial, blaming the deceased, a drug addict, to have committed suicide, albeit in the premises they lived together. The learned trial Judge proceeded vide judgment dated 24.11.2016 to convict the appellant under clause (b) of section 302 of the Pakistan Penal Code, 1860 and sentenced the appellant to imprisonment for life with a direction to pay compensation, upheld by a learned Judge-in-Chamber of the High Court of Balochistan vide impugned judgment dated 03.09.2018, being assailed through leave of the Court. 2. Learned counsel for the appellant contends that entire prosecution case is structured upon a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492