Law: Pakistan Penal Code, 1860

Section: 34,302

Penal Code (XLV of 1860)--- ----S. 302/34---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Deceased was a chronic patient of Tuberculosis and Hepatitis-C and was under treatment for so many years prior to the occurrence---Prosecution witnesses were residents of another village which was 5 Km away from the place of occurrence and they did not establish their presence at the relevant time---Statements of prosecution witnesses were not trustworthy and they could only be termed as 'chance witnesses'---Both the Investigating Officers had come to conclusion that it was suicide committed by the deceased and that accused had no concern with the occurrence---Prosecution failed to rebut that stance through substantiating cogent and confidence-inspiring evidence---Both defence witnesses were next door neighbours of accused persons as well as of deceased who remained consistent that deceased herself got purchased kerosene oil front the bazar through defence witness and after few minutes they heard hue and cry of daughter of deceased that her mother had put herself on fire while sprinkling over kerosene oil upon her body as well as on the daughter, however she luckily succeeded to climb over the roof---Both the defence witnesses were subjected to lengthy cross-examination, but prosecution could not shatter their testimony and failed to create any dent qua their depositions favouring the prosecution case---Stance taken by accused persons seemed to be plausible, whereas story adduced by the prosecution was full of flaws and doubts---Benefit of every doubt would go in favour of accused---Prosecution having failed to substantiate its case against accused, sentence inflicted upon accused persons by the Trial Court, was set aside and they were ordered to be released. THIS JUDGMENT DELIVERED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.- - Muzahar Hussain, Sarfraz Hussain, Gulzar Hussain all sons of Bootey Khan and Bootey Khan son of Niaz Ahmed, appellants were involved in case F.I.R. No.27 of 2004, dated 19-3-2004, offence under sections 302, 34, P.P.C., registered at Police Station Farid Nagar, District Pakpattan Sharif. Later on Wali Muhammad complainant also filed private…

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