Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---   --S. 302(b)---Appreciation of evidence---Complainant had died before Commencement of the trial and one of the prosecution witnesses who was brother of the complainant was interested against the accused and he had admitted before Trial Court that he had not made any statement before Police during investigation---Statement of another prosecution witness did not inspire confidence and other prosecution witness had said nothing about fire of accused hitting the deceased---Accused had not caused any injury to the deceased and injury sustained by prosecution witness as well as the fatal injury received by other deceased were not attributed to the accused---Prosecutions own case was that co-accused alone had launched the initial aggression against complainant party and the accused was not even accompanying the co-accused when incident had started--¬Prosecutions own case was that the accused had been attracted to the spot after deceased had already received his injuries at the hands of co¬ accused---Prosecution had failed to prove motive set up by it---No weapon had been recovered from the possession of accused---Doctor who conducted post-mortem examination of dead bodies of deceased had not been produced by prosecution before Trial Court---Role attributed to the accused could well be a result of exaggeration on part of complainant party---Accused, in circumstances, was entitled to be extended benefit of doubt---Conviction and sentence awarded to the accused by Trial Court were set aside and he was acquitted of the charge.   Arif Chaudhry for Appellant.   Ishfaq Ahmad Chaudhry for the State.   Date of hearing: 29th November, 2002. JUDGMENT Nasir appellant was convicted for an offence under section 302(b), P.P.C. vide judgment dated 19-12-2000 rendered by the learned Additional Sessions Judge, Faisalabad and was sentenced to imprisonment for life and to pay a sum of Rs.20,000 to the heirs of Noor Samand deceased by way of compensation under section 544-A, Cr.P.C. or in default of payment thereof to undergo rigorous imprisonment for six months. The benefit under section 382-B, Cr.P.C. was extended to the appellant. The…

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