Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence--- Benefit of doubt---Discrepancies in evidence of witnesses---Consequential---Accused were charged for committing murder of the sister of complainant---According to the evidence of complainant and two other witnesses, who were real brothers of the deceased, the incident took place on 12.11.2010 at 11.15 a.m.---First Information Report was lodged on 13.11.2010 at 10.00 p.m. after about 11 hours without any explanation when the victim had died on the spot---Said witnesses reached the place of incident and saw that the dead body was lying on the bed and her husband along with his sister were standing near the bed---Said witnesses found the deceased having marks of rope on her neck and also found injuries over her body which did not appear during post mortem---Thereafter witnesses negotiated with her mother and went to Police Station and lodged such FIR---Whilst the Women Medical Officer in her evidence stated that on 13.11.2010 she started post mortem of deceased at 02.30 p.m. and finished the same at 5.00 p.m.---However, the post mortem report did not speak about the time of arrival of the dead body in the hospital, thus there was serious discrepancy in the evidence of witnesses, which was fatal to the case of the prosecution--- Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of any doubt---Appeal against conviction was accordingly allowed. Akhtar Ali and others v. The State 2008 SCMR 6; Muhammad Ilyas v. State 1997 SCMR 25; Ghulam Qadir v. State 2008 SCMR 1221 and Muhammad Akram v. State 2009 SCMR 230 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Infirmities---Accused were charged for committing murder of the sister of complainant---Women Medical Officer in her examination had admitted that rigor mortis was visibly present in the body of deceased and it was an established position in medical jurisprudence and toxicology that usual duration of rigor mortis was 24…

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