Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Code of Criminal Procedure, 1898

Section: 164 , 364 , 161 , 544-A , 382-B

SUMMARY (Appeal against conviction) (a) Criminal Procedure Code, 1898….S.302 PPC—re-appraisal of evidence—The allegation against the appellant was that he committed the murder of nephew of the complainant by giving him knife blows. Stance of the prosecution was that the accused was arrested from the spot by the SHO who was on patrol duty. However, the SHO neither drafted any Murasila concerning alleged incident, nor signed any recovery memo for alleged seized items. Had he arrested the accused from the spot, he would have prepared relevant document on the spot, completed recovery proceedings coupled with association of independent witnesses. The Investigating Officer admitted that he had not inquired or confirmed how, by whom, or through what means accused was brought to the Police Station. He also failed to record statements from local residents regarding arrest of the accused. Similarly, he did not record statement of any person who allegedly gave shelter to Mst. Zeenat Bibi, wife of the convict/appellant. (b) Criminal Procedure Code, 1898…S.302 PPC—re-appraisal of evidence— Since Mst. Zeenat Bibi, who allegedly witnessed the occurrence, was not produced as prosecution witness during trial, hence, without undergoing the test of cross-examination, no credence could be given to her statement recorded under Section 164, Cr.P.C. This flaw in the case has seriously undermined the prosecution case. (c) Criminal Procedure Code, 1898…S.302 PPC—re-appraisal of evidence—The retracted confession was not corroborated by an iota evidence, hence, the same could not be relied upon for sustaining conviction on a capital charge. (d) Criminal Procedure Code, 1898.…S.302 PPC—re-appraisal of evidence—Since testimony of SHO who allegedly recovered knife/Churri at the time of arrest of the appellant was disbelieved, hence, no credence could be given to such type of recovery. In addition a specific dagger—was mentioned by the complainant but later, recovery of ordinary kitchen knife with broke tip reflected in recovery memo Ex.Pw-3/1 as well as FSL report Ex-PZ. (Appeal was allowed, conviction awarded…