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--Motive alleged by prosecution seems dreary, neither plausible nor appealable; enmity usually exist between parties and not with their servants/ employees, particularly when there was no earlier dispute between them--It was nothing but a word of mouth, thus prosecution failed to prove motive in this case--Accused/appellant and he could not have been convicted under principle of “falsus in uno, falsus in omnibus” (false in one thing, false in all), on same set of evidence--It is settled principle of law that conviction must be based on unimpeachable, trustworthy and reliable evidence--Any doubt arising in prosecution case is to be resolved in favour of accused and burden of proof is always on prosecution to prove its case beyond reasonable doubt--Held: It is also an established principle of law and equity that it is better that 100 guilty persons should let off but one innocent person should not suffer--Prosecution has failed to prove charge against accused/appellant beyond shadow of doubt and numerous doubts crept into evidence, therefore, benefit of which is extended to appellant not as a matter of grace but as a matter of right--Appeal allowed.       [Para 18, 19 & 20] A, B, C & D 2010 SCMR 97; 2015 SCMR 315; PLD 2019 SC 527; 2022 SCMR 393; 2024 SCMR 156; 2024 SCMR 1146 & 2024 SCMR 1191. Syed Zia Haider Zaidi, Advocate for Appellant. Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State. Ch. Umar Hayat & Muhammad Luqman, Advocates for Complainant. Date of hearing: 1.10.2024. Judgment Accused/appellant Fakhar Iqbal Shah was convicted in a trial concluded by learned Additional Sessions Judge, Khanewal, in case FIR Bearing No. 241 dated 26.05.2022 registered under Sections 302, 148, 149, PPC at Police Station Kacha Khu, District Khanewal, vide impugned judgment dated 30.05.2023, and sentenced as under: “Imprisonment for life, as Ta’zir under Section 302(b), PPC, for committing murder of Qaim Ali deceased alongwith compensation of Rs. 400,000/- under Section 544-A of Cr.P.C. to the legal heirs of…