Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Prosecution case mainly rested on the statement of prosecution witness who was stated to be the eye-witness---Said witness being brother-in-law of the complainant, was very closely related to him; he was a chance witness----No reason existed for the said witness to stop and look back at accused and deceased after covering some distance---Independent witness in the case was given up by the prosecution---Accused had very specifically stated that the complainant was annoyed with him as well as his mother because she had married accused against the wishes of her family---No independent corroboration of the statement of alleged eye-witness, was available on the file---Had there been strained relations between the deceased and accused, then deceased would have never gone along with accused as alleged---For the safer administration of justice and as the prosecution had failed to prove its case beyond reasonable doubt against accused, impugned conviction and sentence passed against him by the Trial Court, were set aside and he was acquitted of the charge against him and was released. JUDGMENT SYED SHAHEEN MASUD RIZVI, J.--- Peer Bakhsh alias Bagga, appellant was tried in relation to case F.I.R. No.7, dated 24-1-2005 registered with Police Station Kot Sabzal, District Rahimyar Khan and at the culmination of trial Ch. Abdul Hafeez learned Additional Sessions Judge, Sadiqabad convicted him under section 302(b) of the P.P.C. and sentenced him to life imprisonment and ordered him to pay an amount of Rs.I,00,000 as compensation under section 544 A, Cr.P.C. and in default of payment thereof the appellant was to further undergo six months' S.I. The benefit of section 382-B, Cr.P.C. was, however, extended to the appellant. 2. The appellant has challenged his aforesaid conviction and sentence through the instant appeal. 3. The prosecution case as unfolded in the written application Pxh.P.13. submitted by Rehmat Ali, P.W.3, on the basis of which formal F.I.R. Exh.P.B./1 was recorded. That the complainant was a labourer and resident of Chowk by-pass Ahmadpur Lamina. His mother was a midwife in Sanjar Pur…

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