Law: Pakistan Penal Code, 1860

Section: 302(b),449,456

Law: Evidence Act, (1 of 1872)

Section: 32

Penal Code (XLV of 1860)--- ----Ss. 302(b), 449 & 456---Qatl-e-amd, house-trespass, lurking house-trespass---Appreciation of evidence---Benefit of doubt---Deceased then injured, had made a report in injured condition, but it was not known as to who had taken him to Hospital---No evidence was produced to establish that prior to death of the deceased, he was examined by any Doctor in the hospital---No Medico-legal Report in respect of deceased (then injured) was available on record except the post mortem report---Non-examination of deceased (then injured), till his death, had created serious doubts about the veracity of report recorded by police official who failed to explain as to why deceased (then injured) was not examined till his death---Police Officer who recorded the report, had not obtained any fitness certificate from the doctor and no explanation of said omission was given by Police Officials in that behalf---Version of the deceased (then injured) could not be treated as dying declaration for recording conviction of accused on the capital charge---Ocular testimony was given by the brother-in-law of the deceased---Careful scrutiny of statement of said witness, would suggest that he was not at all present on the spot---No evidence was produced to establish the arrest of accused from the spot through P.A.F. Officials---Prosecution witness had claimed to have sustained burn injuries, but no medical certificate was produced to prove said allegation---Prosecution had failed to establish the presence of the witness at the spot at the alleged time of occurrence and charge against the accused---Extending the benefit of doubt, conviction and sentence awarded to accused, were set aside; he was acquitted from all the charges levelled against him and was set free. Abdur Raziq v. State PLD 1965 SC 151 ref. THIS JUDGMENT DELIVERED BY: AZMATULLAH MALIK, J.--- Through the instant appeal Sajan Nadeem appellant has assailed the judgment/order dated 5-11-2010 passed by Sessions Judge, Kohat whereby he was convicted and sentenced to death under section 302(b), P.P.C. and a fine of Rs.50,000 was also imposed, payable to the legal heirs of the deceased and in default to…

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