Law: Pakistan Penal Code, 1860

Section: 34,201,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,265C,340(2),544A

Penal Code (XLV of 1860)--- ----Ss. 302(b)/34 & 201/34---Qatl-e-amd and causing disappearance of evidence of offence---Appreciation of evidence---According to F.I.R. the time of occurrence and the culprits were unknown---Prosecution case rested on circumstantial evidence---Complainant, son of deceased, had implicated the accused as the culprits in his supplementary statement---Female accused was the real mother of the complainant who. along with her co-accused had allegedly killed the deceased while sleeping in his room by firing in order to remove hint from their way---Prosecution evidence did not inspire confidence---Deceased statedly was present in his house at the time when allegedly the male accused was carrying hint upon his shoulders and the female accused was also with him holding his hand---Similarly, it was also unbelievable that the accused had made a confession before the prosecution witness, when admittedly he was a proclaimed offender---Last seen occurrence was not mentioned in the F. I. R.-No crime empty was recovered from the place of occurrence---Prosecution had not even produced the towel or the pillow whereupon the deceased put his head while sleeping to show the corresponding hole of firing thereon, as he had been fired on his head by the accused---Abscondence of accused was also not proved on record---Accused were acquitted in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD TARIQ, J.--- This single judgment shall dispose of Criminal Appeals Nos.188 of 2007 and 211 of 2007 filed by accused Muhammad Zahoor and Mst. Asia Kausar respectively against their conviction and sentence as both these appeals arise out of one and the same judgment dated 21-5-2007 passed by Rana Nisar Ahmed Khan, learned Additional Sessions Judge, Rawalpindi who convicted the appellants-accused Muhammad Zahoor and Mst. Asia Kausar under section 302(b)/34, P.P.C. and sentenced to death each, as Tazir with direction to pay compensation of Rs.2,00,000 each to the legal heirs of the two deceased as required under section 544-A, Cr.P.C. and in default of payment of compensation, to further undergo six months each. Vide the same judgment, both the…

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