Law: Penal Code (XLV of 1860)

Section: 302

(a) Medical jurisprudence-------Suicide and asphyxia death---Necessary ingredients---If ligature mark is not round the neck, eyes are closed, ribs are not fractured and hands are not clenched then the case is of suicide---Such a report raises a very high probability of asphyxia death and killing by hanging, which under all probabilities is deemed to be a suicide/unnatural death and not homicide at all.(b) Criminal trial-------Medical evidence---Scope---Medical evidence is just a corroborative piece of evidence which does not identify the assailant---At most medical evidence is a supporting piece of evidence which may confirm ocular evidence with regard to receipt of injury, its locale, kind of weapon used for causing injury, duration between the injury and death---Medical evidence cannot tell the name of the assailant.Zakir Hussain v. State 2008 SCMR 222 and Ata Muhammad v. State 1995 SCMR 599 rel.(c) Penal Code (XLV of 1860)-------S. 302---Qatl-i-amd--- Re-appraisal of evidence---Benefit of doubt---Thumb impression, matching of---National Database and Registration Authority (NADRA) record---Wife of accused died due to suicide but complainant produced an affidavit of deceased lady wherein she recorded apprehension to her life---Accused was convicted and sentenced on basis of such affidavit---Validity---Complainant produced an affidavit claiming to have been executed by deceased---Report of hand writing expert showed that thumb impression of deceased, available on record of NADRA, did not match with the thumb impression available on stamp paper allegedly executed by deceased recording apprehension to her life---On account of producing fake affidavit criminal case was lodged against complainant, which had lost his credibility---Alleged recovery of crime weapon from the room of accused was also not helpful for prosecution as the same was not stained with blood and no report of Chemical Examiner and Serologist was available on record---There was no need of many doubts in prosecution case, rather any reasonable doubt arising out of prosecution evidence pricking judicial mind was sufficient for acquittal of accused---Supreme Court set aside conviction and sentence…