Law: Pakistan Penal Code, 1860

Section: 302(34)

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd, common intention--- Appeal against acquittal---Appreciation of evidence---Charge against accused person, was murder of the deceased by way of hanging---Said form of murder of deceased by strangulation neither found support from the record of the case nor the complainant at the very first instance, at the time of lodging the report had stated so, where he had described the said murder as homicide by hanging---Subsequent changed stance of the complainant, a turn over from the original position, could not be legally taken into account---Fracture of 'cervical vertebra' could not necessarily occur in each and every case of hanging as apart from body weight, other factors, such as jerk and jolt, span between starting and suspension point, pliability of ligature, could also play vital role in the process---Fracture of collar bone or its dislocation, could not be considered essential prerequisites for defining a death emerging from hanging---Other circumstantial evidence, such as alleged writing of the deceased on a tissue paper box, in which deceased had written that accused persons had no hand in her death, they could not be blamed for her death, and that her husband was innocent---Assertion of the complainant in F.I.R., writing of the deceased, and medical evidence, did not substantiate the allegations of the complainant that his daughter was murdered by way of strangulation---Alleged strained relations between the family members of the husband of the deceased, and that of the deceased had not been satisfactorily established to have played any invasion and culpable role in the alleged murder of the deceased---In the absence of any evidence, direct or circumstantial, establishing the presence of accused persons in the house of accused/husband of the deceased, the alleged motive, could not be of any significance, so far as the alleged murder of the deceased was concerned---Circumstantial evidence, collected by prosecution during investigation and produced before the Trial Court, during trial, did not establish beyond shadow of doubts the charge of…

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