Law: Pakistan Penal Code, 1860

Section: 34/302/324

Penal Code (XLV of 1860)--- ----Ss. 302/324/34---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---No postmortem examination of the deceased having taken place, cause of death could not medically appear to be so declared while there appeared a medical certificate produced in evidence not by the doctor, but by Investigating Officer---No doctor had been examined in the matter to establish such medical report---State Counsel admitted that cause of death was nowhere proved throughout the case due to lack of medical evidence---Other evidence which had come through statements of private witnesses, who were declared hostile, established that deceased stood burnt, but how and at whose hand, was not disclosed by them---Doubt existed in ocular account as to who caused the incident or who were actual culprits---Owing to lack of medical evidence as to injuries and cause of death of the deceased, charge of murder under S.302/34, P.P.C., was not proved beyond shadow of any reasonable doubt; and prosecution had failed to discharge its respective burden there against--Investigation carried out in the matter, seemed to be an unfair and dishonest one--Evidence, was not of first degree in nature as same was carrying lapses of serious nature which served as mitigating circumstances for lesser punishment---Conviction awarded and sentence passed under S.302, P.P.C., were converted into that of S.324/34, P.P. C. in the interest of justice---Accused would accordingly be deemed to have stood convicted under S.324, P.P. C. and sentenced there under to suffer R.I. for the period they had already undergone. THIS ORDER PASSED BY: S. ZAKIR HUSSAIN, JUSTICE:---.--- This criminal appeal is preferred against the judgment dated 5-8-2009, passed by the learned 1st Additional Sessions Judge, Karachi (East), convicting and sentencing the appellant under section 302/34; P.P.C. to suffer life imprisonment with fine of Rs.50,000,00 and paying compensation of Rs. 1,00,000,00 to the legal heirs of the deceased and in default whereof, to suffer R.I. for six months together with benefit of section 382-B, Cr.P.C., praying for setting aside the same and acquitting…

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