Law: Pakistan Penal Code, 1860

Section: 302(b)

1. (a) Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Motive not proved---It was the case of the prosecution that the petitioner (accused) committed murder of deceased on the grudge that he defeated the petitioner in an Akhara (wrestling place)---As far as motive was concerned, same stood disproved---Since, no evidence was produced by the prosecution to substantiate the motive of the accused to commit the murder of the deceased, specifically in light of the fact that, petitioner/accused had no previous enmity with the complainant party, therefore motive set up by the prosecution in the FIR was disbelieved by the High Court--Prosecution had failed to prove its case beyond any reasonable doubt---Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge.

1. (b) Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Recovery of crime weapon--Inconsequential---As far as recovery of crime weapon i.e. churri, was concerned, the same was held to be inconsequential by the Courts below because it was recovered after 4 years of the alleged occurrence and was not sent to the Forensic Science Laboratory---Prosecution had failed to prove its case beyond any reasonable doubt---Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge.