Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Criminal jurisprudence--Motive--Appellant demand loan Rs. 20 lac from deceased, he refused due to grudge, committed murder--Delay in FIR--It is trite that nobody can be punished, unless proved guilty on basis of reliable, trustworthy, confidence inspiring and unimpeachable evidence and benefit of any reasonable doubt, when accruing must go to accused--Court have gone through other pieces of evidence relied upon by prosecution and noticed that during physical remand, appellant allegedly got recovered 30 bore pistol from his possession, which was sent for forensic analyses with a crime empty allegedly secured by Investigating Agency from crime scene and as per report furnished by Punjab Forensic Science Agency (PFSA), it was found fired from pistol allegedly got recovered by appellant--Appellant was arrested in this case, whereas cartridge case (C1) was sent to Punjab Forensic Science Agency (PFSA), after two days of arrest of appellant--In that eventuality, recovery of weapon of offence i.e. .30 bore pistol and its matching report, is held inconsequential-- Under circumstances, prosecution has not adduced any reliable niece of evidence, which could provide requisite corroboration to ocular account, which has already been declared by me as shaky and not confidence inspiring as observed in supra paragraphs--The delay in lodging FIR is also a phenomenon which further undermines prosecution’s case--No intrinsic worth and probative value can be attached with evidence adduced by prosecution--Prosecution remained unsuccessful to prove its case beyond reasonable doubt--Appeal allowed.                                                                       [Para 6, 9 & 11] A, D & E Pakistan Penal Code, 1860 (XLV of 1860)-- ----S.…