Law: Pakistan Penal Code (PPC),1860

Section: 302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-Amd--Motive--Chance witness--Delay in Post-mortem examination--Acquittal of--Motive of the occurrence disclosed by the witnesses was illicit relation of the deceased with mother of the appellant--The presence of deceased in the house of occurrence/appellant at night time is highly improbable and objectionable--Rough and scaled site plans of the place of occurrence do not show the houses of these two witnesses around the place of occurrence--Post-mortem examination was conducted with unexplained delay of more than 12 hours--Got recovered pistol 30-bore from his house--I.O has not joined any notable from the vicinity of the place of recovery to witness the recovery--Criminal Appeal is accepted--He is acquitted of the charges.                                                                            [Para 5, 6, 10, 11 & 12] A, B, C, D & E 2017 SCMR 564; 2014 SCMR 1698; 2017 SCMR 898 ref. Prince Rehan Iftikhar Sheikh, Mr. Muhammad Adeel and Mr. Alamdar Abbas Khosa, Advocates for Appellant. Mr. Waheed Rafique, DDPP for State. Mr. Gohar Mahmood Parach and Mr. Sajid Meerani, Advocates for Complainant. Date of hearing: 12.9.2024. Judgment Appellant (Adnan alias Babloo) has been tried by the trial Court in case FIR No. 835 dated 29.09.2016 offence under Section 302, PPC Police Station Mumtazabad, District Multan and was convicted and sentenced vide judgement dated 31.03.2017 as under:-- Adnan alias Babloo (appellant) U/S. 302(b) PPC            “Sentenced to imprisonment for life with fine of Rs. 400,000/- as compensation u/S. 544-A, Cr.P.C. to the legal heirs of Asif (deceased) and in default whereof to further undergo simple imprisonment for six months.…