Law: Pakistan Penal Code, 1860

Section: 302(b)

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

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Ocular account presented by witnesses not proved---Unnatural conduct of witnesses---According to the version of prosecution witnesses they along with the deceased came out in the street from a Haveli, belonging to the deceased, and were proceeding towards horse stable of deceased when they were fired upon in the street by the petitioner (accused)---Site map produced by the prosecution at the trial did not mention the point/place where the horse stable of deceased was situated nor it mentioned the distance between the Haveli of deceased and his stable---Site map did not mention about the Haveli of deceased---In the site map Haveli of person MA had been shown in occupation of deceased---Neither the prosecution witnesses had stated that deceased was residing in Haveli of MA nor the prosecution had produced MA at the trial to prove that deceased was residing in his Haveli and if so, in what capacity---From the testimony of prosecution witnesses and contents of the post mortem regarding time of death of deceased persons, it was clear that the first deceased remained lying injured at the place of occurrence for half an hour and the second deceased remained lying injured at the place of occurrence for one hour but prosecution witnesses, claiming to be the eye-witnesses, made no efforts to immediately shift both the injured to hospital---Had prosecution witnesses been present at the place of occurrence with the deceased, being close relatives of one of the deceased, they would have immediately taken both the injured to the hospital to save their lives--Unnatural conduct of prosecution witnesses created serious doubts about their presence at the place of occurrence with the deceased---Prosecution witnesses had not explained as to how they escaped firearm injuries despite indiscriminate firing by five accused persons from a close range---Said aspect also created doubt about presence of the alleged witnesses at the place of occurrence---It was not believable that by killing a person in presence of his close relatives, the petitioner (accused) would not attempt to cause any injury to the prosecution witnesses leaving them for giving evidence against him---Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt--Petition was converted into appeal and allowed, and petitioner was acquitted of the charge under section 302(b), P.P.C.

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

----S.302(b)---Qatl-i-amd---Reappraisal of evidence---Medical evidence---Nature of injuries---Postmortem report in conflict with prosecution version---Prosecution witnesses had failed to furnish any explanation as to if the deceased was fired upon by a rifle of 222 bore from a distance of 5.5 feet, how his entrance wound was surrounded by blackened and burnt area---Prosecution had failed to prove the charge against the petitioner of committing murder of the deceased beyond reasonable doubt---Petition was converted into appeal and allowed, and petitioner was acquitted of the charge under section 302(b), P.P.C.