Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---   ----S. 302(b)---Appreciation of evidence---Fatal injury in the F.I.R. had been attributed to co-accused who alongwith other accused was found innocent during investigation except the present accused---Accused had retracted from her judicial confession recorded under S.164, Cr.P.C. in which she had admitted to have murdered the deceased under grave and sudden provocation on his having committed Zina-bil-Jabr with her--¬Except the said retracted confessional statement no other evidence was available on record against the accused---Accused was acquitted on benefit of doubt in circumstances.   Mumtaz Ahmad Khan Niazi for Appellant.   Muhammad Siddique Minhas for the State.   Date of hearing: 18th November, 2002. JUDGMENT This judgment will dispose of Criminal Appeal No.594 of 2001 filed by Mst. Manzooran appellant, who was convicted and sentenced by learned Additional Sessions Judge. Jhang vide his judgment dated 17-3-2001 to undergo imprisonment for life and to pay Rs.10,000 as compensation to the legal heirs of the deceased under section 302(b), P.P.C. or in default six months S.I. with the benefit of section 382-B, Cr.P.C. 2. Facts of the case as disclosed by Sarfraz complainant P.W.7 are that he was resident of Basti Waryam and a cultivator by profession. His sister was married to deceased Zahoor Hussain while sister of deceased Zahoor Hussain was married to him. Deceased Zahoor Hussain was employed as Munshi with one Muhammad Afzal and Zahoor Hussain used to visit the house of said Muhammad Afzal. The houses of Muhammad Afzal and Asghar Ali were in front of each other having the common Durri and Muhammad Afzal and Asghar Ali used to enter in their house through this common Durri. Zahoor Hussain deceased developed illicit relation with Mst. Asima wife of Asghar Ali. When Asghar Ali came to know, he forbade Zahoor Hussain from coming to the Durri but Zahoor Hussain deceased continued to visit the house of his employer Muhammad Afzal. On the fateful day, thats 27-11-1997 at about 6-00 p.m. Zahoor Hussain and his wife Mst. Pathanialongwith Muhammad Afzal were going to the house of Muhammad Afzal in order to deliver…

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