Law: Penal Code (XLV of 1860)

Section: 302

Summary:The case involved a murder charge under Section 302 of the Pakistan Penal Code, 1860, where the accused was alleged to have killed his brother’s wife. The prosecution’s case was weakened by contradictions, dishonest improvements by witnesses, failure to prove motive, and delayed FIR registration (3 hours despite a 5 km distance from the police station). The trial court had disbelieved key evidence, including the recovery of the deceased’s earrings, and the presence of eyewitnesses at the scene was doubtful due to inconsistencies in their testimonies. The court emphasized the presumption of innocence and ruled that the prosecution failed to establish guilt beyond a reasonable doubt. Consequently, the petition was converted into an appeal, and the accused was acquitted.Pakistan Penal Code, 1860 (XLV of 1860)------S. 302--Qatl-i-Amd--Given up PW--Motive--Dishonest improvements-Injuries on the deceased not mentioned--Delay in FIR--Presence of PW-Medical evidence--Major contradictions--Presumption of innocence-Benefit of doubt--Acquittal of--The parties inter se are close relatives inasmuch as the accused is the brother of the complainant’s brother-in-law and the accused has murdered his brother’s wife--PW who was also an eye-witness was given up by the prosecution being unnecessary-Prosecution has failed to prove the motive in the case at hand--Recovery of the deceased’s ear-rings--The trial court disbelieved it--PWs visit to their sister’s home, it is common in our society for brothers to visit their sisters spontaneously. However, staying overnight typically occurs only in the context of a family event--PWs were unable to provide a justification for their overnight stay--PWs saw the accused committing the murder of their sister by pressing her throat with her dupatta--It is hard to believe that one accused can succeed in fleeing away in front of three persons-PWs improved their version later on--The injuries on the deceased’s ear were not mentioned by the PWs--FIR was lodged after an unexplainable delay of 3 hours--The distance of the police station from the place of occurrence was 5 km--This delay has not been encountered through plausible…

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