Law: Pakistan Penal Code, 1860

Section: 302(b),324,337L(i),337Y(2)

Law: Code of Criminal Procedure, 1898

Section: 382-B,544-A

Summary

The petitioner, Rasool Bakhsh, was initially convicted under section 302(b) PPC for the murder of Nobat Khan based on eyewitness and medical evidence. However, due to the absence of postmortem and death certificate proving the actual cause of death, the conviction under murder charge was set aside. Instead, the petitioner was convicted under sections 324 PPC for causing firearm injuries and 337L(i) PPC for causing injuries with harm, with imprisonment and fines. The prosecution failed to prove the murder charge beyond doubt, but established the injury charges conclusively.

Core Points

• Petitioner was convicted under 302(b) PPC by Trial Court and High Court upheld the conviction.
• Occurrence took place in broad daylight witnessed by close relatives (eye-witnesses PW-1 and PW-2).
• Medical evidence confirmed firearm injuries on Nobat Khan but postmortem report and death certificate were not produced.
• Absence of death certificate and postmortem created serious doubt about the cause and date of death.
• Prosecution failed to prove death due to petitioner�s act beyond reasonable doubt.
• Petitioner�s conviction under murder charge was set aside.
• Petitioner convicted under sections 324 PPC (causing firearm injuries) and 337L(i) PPC (causing hurt by means of a weapon).
• Sentenced to rigorous imprisonment and fines under the substituted charges.
• Benefit of Section 382-B Cr.P.C extended in favour of petitioner.

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