Law:

Section:

Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Contradictions in the statements of eye-witnesses had negated their presence at the spot at the time of occurrence---Ocular evidence was highly improbable as against defence evidence---Presence of complainant and eye-witnesses at the scene of crime was not proved---Medical evidence had contradicted the manner of occurrence---Bullet recovered from the dead body of deceased was not got examined from the Forensic Science Laboratory---No weapon of offence was recovered from the possession of accused---Deceased was proved to be alone at the time of incident F.I.R. had been fabricated after due deliberations and consultations---Doctor had handed over the postmortem report and the bullet extracted from the dead body to the police after a delay of six days, which was not plausibly explained, apparently as a result of his collusion with the complainant party---Crime empties secured from the spot were not found by the Forensic Science Laboratory to have been fired from the pistol recovered from the car being driven by the acquitted co-accused---Motive for the occurrence could not be proved by the prosecution---Accused was acquitted in circumstances. Riaz Ahmed v. The State 2010 SCMR 846 and Khalid Javed and another v. The State 2003 SCMR 1419 ref. JUDGMENT SH. AHMAD FAROOQ, J.---Five accused persons, namely Muhammad Rafiq Butt,. Kamran, Muhammad Awais, Ghulam Jillani and Murad Tariq, were tried by the learned Additional Sessions Judge, Islamabad, in a criminal case arising out of F.I.R. No.194 dated 25-10-2010, registered in Police Station, Aabpara, Islamabad, under sections 302/109/34, P.P.C., for an occurrence in which one Abid Ali was shot dead. At the conclusion of the trial, the learned trial Court, vide its judgment dated 3-10-2002, while acquitting for accused (1) Muhammad Rafiq Butt (2) Kamran (3) Muhammad Awais and Ghulam Jillani, has held the fifth accused i.e. Murad Tariq to be guilty `Qatl-e-amd' of the deceased Abid Ali, and has convicted and sentenced him to death, under section 302(b), P.P.C. as "ta'zir'. The convicted accused/appellant has also been directed to pay…

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