Law: Pakistan Penal Code, 1860

Section: 302

Law: Code of Criminal Procedure, 1898

Section: 544-A,382-B

Law: Qanun-e-Shahadat Order, 1984

Section: 129(g)

Summary

The petitioner was originally convicted and sentenced to death for murder under Section 302 PPC, with compensation ordered under Section 544-A Cr.P.C., but on appeal, his death sentence was commuted to life imprisonment. Upon further review, significant doubts arose regarding the reliability of eyewitness testimonies, unexplained delays in postmortem examination, absence of natural witnesses, and other inconsistencies. These factors collectively led the court to acquit the petitioner due to failure of the prosecution to prove the case beyond reasonable doubt.

Core Points

• Petitioner convicted under Section 302 PPC for murder and sentenced to death by Trial Court; death sentence commuted to life imprisonment on appeal.
• Prosecution eyewitnesses were chance witnesses with no clear reason for presence at crime scene.
• Site plan did not corroborate eyewitness testimony about locations of victim’s house.
• Delay of over 15 hours in conducting postmortem due to delayed police documents; indicated possible fabrication of eyewitnesses.
• Natural witnesses (husband and children of deceased) absent from prosecution evidence, leading to adverse inference under Article 129(g) of Qanun-e-Shahadat Order.
• Motive, recovery of pistol, and forensic report were disbelieved by lower courts.
• Multiple circumstances created serious doubts, leading to acquittal on benefit of doubt.
• Reference to leading precedent cases establishing that a single doubt suffices to acquit.

Law and Section Table

JUDGMENT