Law: Penal Code (XLV of 1860)

Section: 302(b)/34

Penal code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd---Appreciation of evidence---F.I. R. was lodged promptly, but evidence of complainant had revealed that Investigating Officer, recorded his statement at the spot and thumb impression was also obtained on the said statement at the spot-F.I.R. was not lodged at the time as alleged by the prosecution, rather it was fabricated afterwards at the spot after deliberation and consultation---Veracity of F.I.R. in circumstances had become highly doubtful---Prosecution had failed to prove the motive against accused and identification of accused in the moonlight also had become doubtful---Ocular account given by the prosecution was falsified by the medical evidence---Opinion of doctor showed that injuries on the person of the deceased might be the result of single fire---Such opinion of doctor, was also contrary to the version of the prosecution story--Incident was an unseen occurrence---Complainant had also admitted enmity with so many persons during cross-examination, including enmity of a murder case; and in such situation as to who committed the murder of the deceased, was shrouded in mystery as accused had no motive to commit murder---Prosecution, in circumstances, had failed to prove the ocular account, which was in conflict with medical evidence---Recovery of double barrel gun from the possession of accused, was not corroborative piece of evidence against accused, as no empty was secured from the place of occurrence and there was no report of Forensic Science Laboratory, in that regard---Prosecution having failed to prove its case beyond reasonable doubt against accused, he was acquitted of the charges, in circumstances. Muhammad Rahim v. The State 1973 PCr.LJ 904; Muhammad Arshad v. The State PLD 1995 SC 475 and Bashir alias Bashira and another v. The State and others 1995 SCMR 276 ref. JUDGMENT SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE:---.--- Asim Fayyaz, appellant, through the present appeal (Criminal A. No.155 of 1999), has challenged the conviction and sentence, passed against him in a case bearing F.I.R. No.189 dated 2-6-1996 for the offence under sections 302 and 34, P.P.C., registered at Police Station…

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