Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 544-A,382-B

Summary

Wazir was convicted for the murder of Sadoro Lolai based on eyewitness testimony and medical evidence. However, the Supreme Court found that the prosecution's case was marred by contradictions, particularly regarding the nature of injuries (pellet injuries vs. Kalashnikov firing), lack of independent witnesses, absence of motive, and questionable credibility of the evidence. The Court held that these doubts entitled the accused to the benefit of the doubt and therefore acquitted Wazir, setting aside the lower courts' judgments.

Core Points

• Conviction under section 302(b) PPC for murder of Sadoro Lolai confirmed by Trial and High Courts.
• FIR reported shooting with Kalashnikovs; medical evidence suggested pellet injuries with no recovered pellets.
• No independent witnesses supported prosecution; all witnesses were relatives of the complainant.
• No motive established; no enmity admitted between parties before incident.
• Co-accused acquitted, with no appeal filed on their acquittal.
• Related contradictions include delayed visit to crime scene by official and undisclosed eyewitness testimony favorable to accused.
• Supreme Court applied benefit of doubt principle, relying also on precedents mandating acquittal on slightest reasonable doubt.
• Petitioner Wazir acquitted and ordered released if not detained in any other case.

Law and Section Table

JUDGMENT