Law: Penal Code (XLV of 1860)

Section: 302(b),34

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Appreciation of evidence---Both prosecution witnesses claimed to have seen deceased lady being dragged by accused, but no attempt was made by them to rescue her nor they informed the complainant or any other co-villager---Such conduct of prosecution witnesses was very unnatural and unbelievable---Doctor, who conducted post-mortem examination, never observed the wounds of dragging on the person of deceased nor during investigation marks of dragging were round by Investigating Officer at the place of occurrence---Prosecution case was that dead body of deceased lady was found lying in the house of father of accused, but no direct evidence was on record was available to establish that house from where dead body was recovered was possessed or owned by father of the accused---Investigating Officer had stated that place of occurrence was surrounded by inhabited houses and same was situated in the Chowk of the village---In such-like situation it was unbelievable that dragging of deceased by accused would go unwitnessed or unnoticed by other villagers---Day of occurrence being Nikah ceremony day of co-accused, it could not be believed that said co-accused could commit such offence on day of his Nikah ceremony---Said facts were sufficient to doubt the credibility of prosecution case and accused were entitled to. get. the benefit of doubt---Conviction and sentence of accused were set aside and they were acquitted from charge and were released. THIS JUDGMENT DELIVERED BY: MIAN MUHAMMAD NAJAM-UZ-ZAMAN, JUSTICE:---.--- Appellants were tried by Additional Sessions Judge Kamalia for the murder of one Sajida Parveen in case F.I.R. No. 311 dated 9-7-2001 for the offence under section 302/34, P.P.C. registered at Police Station Pir Mahal, who vide judgment, dated 30-5-2002 convicted appellants under section 302(b)/34, P.P.C. and sentenced each of them to imprisonment for life and to pay Rs. 1,00,000 each as compensation to the legal heirs of the deceased as required under section 544-A, Cr.P.C. Benefit of section 382-B, Cr.P.C. was also extended in favour of the appellants. Feeling aggrieved by the impugned judgment,…

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