Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3) read with Penal Code (XLV of 1860), S. 302 Conviction and sentence of death for murder Leave to appeal Granted to re appraise evidence on which conviction and sentence based. (b) Penal Code (XLV of 1860) ---S. 302 Murder Evidence Complainant falsely implicating three other persons and alongwith other prosecution witnesses later disowning presence of such persons at site of occurrence Conduct of eye¬witnesses making them pliable witnesses at beck and call of complainant and therefore, not dependable Fact that one of eye witnesses produced and declared hostile and non production of another eye witness acquiring importance Evidence of such witnesses, without support .from any quarter, not inspiring, sufficient and unimpeachable for Purpose of recording conviction on capital charge Inordinate delay in lodging F. I. R. not plausibly explained giving rise to possibility of deliberation, consultation ands false implication Held, evidence tendered by prosecution and available on record not of a quality nor sufficient to justify conviction on capital charge Conviction and sentence set aside. JUDGMENT SHAFIUR RAHMAN, J On a petition from Jail the appellant who stood convicted under section 302, P. P. C. and sentenced to death, was granted leave to appeal with a view to re appraise the evidence on which his conviction and sentence were based. The prosecution case against the appellant was that he was residing in the house of Fateh Noor (P. W. 8), the complainant, as his sister Mst. Aisha (P. W. 4) was married to Ali Nur, a son of the aforesaid Fateh Noor. Kamal Khatoon (P. W. 6), the wife of the deceased was maintaining illicit relations with the appellant. Her deceased husband suspected it and she used to be beaten by him and a few days before the occurrence the appellant had been asked to leave the house. The appellant, it is said, also felt aggrieved by the fact that his sister Aisha had transferred the land which she bad obtained from her father in favour of Ali Nur, her husband and Ghulam Hussain (P. W. 5), their son. On the evening of 15th January, 1975 Mst. Aisha (P. W. 4), Ghulam Hussain (P. W. 5) and Kamal Khatoon…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492