Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860) S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of the eye-witnesses at the place of occurrence doubtful---Accused was charged for committing murder of his wife/daughter of the complainant by firing---To prove the murder of deceased, the prosecution had produced her father/complainant and paternal cousin of the complainant---Admittedly, both witnesses were not the residents of the house where the occurrence took place---Presence of said witnesses at the place of occurrence was seriously doubted and the facts which culminated into building of such opinion appeared in their depositions during cross-examination---Complainant being father of deceased while responding to motive of this case claimed that deceased was taken back forcibly by the accused from his house two days prior to the occurrence but admitted that he did not report the matter to the police despite the fact that before marriage he had no earlier acquaintance with accused/appellant---Daily routine of the complainant was to start work at 9.00 p.m. in Mandi and returned back home in the morning---Complainant did not specifically tell the purpose of his visit to the house of his daughter when no urgency was reported to him---Time of occurrence claimed by complainant was 01.00 p.m. and further claimed that he alone went to police station for reporting the crime and took the police back to the place of occurrence where the dead body was lying---Almost on the same lines eye-witness deposed before the Court---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in the prosecution case---Accused was charged for committing murder of his wife/daughter of the complainant by firing---Accused/appellant himself took the dead body of deceased to the THQ Hospital at about 11:40a.m. on the same day with the stance that deceased had committed a suicide as conceded by Medical Officer, but on suspecting that death seemed homicidal, he informed the police on 15 Police emergency call, but by the time accused/appellant had taken the dead body…