Law: Penal Code (XLV of 1860)

Section: 302(b),337-F(i)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 337-F(i)---Qatl-e-amd, causing hurt "ghayr jaifah"---Appreciation of evidence---Injured eye-witness in his cross-examination had categorically staled that accused had not caused injuries to the, deceased in their view---Injury on the person of said eye-witness according to the Doctor could be either self-inflicted or caused by a friendly hand---Deceased appeared to have received injuries while lying on the cot in the room, from where blood had been secured and not at the place as claimed by the prosecution---Eye-witnesses, thus, had not seen the occurrence and their evidence did not inspire confidence---Occurrence had taken place in pitch darkness of the night---Electric bulb in the presence of which complainant had claimed to have identified the accused, was not mentioned by him in the F.I.R.---Possibility of misidentification of accused in such circumstances from a distance of 40 or 20 feet could not be ruled out---Recovery of the dagger at the instance of accused, found to have been stained with human blood, was doubtful which even otherwise could not be alone made a basis for conviction of accused, in the absence of reliable ocular testimony---Accused was acquitted in circumstances. JUDGMENT RAUF AHMAD SHEIKH, JUSTICE:---.--- Rustam Khan appellant has challenged the judgment dated 31-5-2008 passed by Raja Ghazanfar Ali Khan, learned A.SJ, Jhelum, in case F.I.R. No.201 dated 26-9-2006 under sections 302/337-F(i), P.P.C. Police Station Pind Dadan Khan, whereby he was convicted under section 302(b), P.P.C. and sentenced to death for causing Qatl-e-amd of complainant’s father Muhammad Bakhsh and was further convicted under section 337-F(i), P.P.C. for causing ghayr-jaifah damiyah to Muhammad Tanvir P.W. and was sentenced to one year’s R.I. and payment of Rs. 15,000 as Daman and in case of non-payment to undergo S.I. for three months. The benefit under section 382-B, Cr.P.C. was also extended to him. The learned trial Court has also submitted Murder Reference No.22/RWP of 2008 under section 374, Cr.P.C. for confirmation or otherwise of the death penalty awarded to the appellant. As both these matters are…

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