Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-i-Amd---.---Appreciation of evidence---.---Prosecution had withheld the evidence of material witnesses---.---Prosecution witnesses had made improvements in their evidence in order to implicate the accused in the case---.---Investigating Officer had not explained the delay in examining the witnesses under S.161, Cr.P.C.---.---Prosecution evidence was not trustworthy and did not inspire confidence---.---Trial Court had failed to assess, discuss the evidence properly and to give reasons in its ---.---Accused was acquitted in circumstances. Akhtar Ali and others v. The State 2008 SCMR 6; Muhammad Khan and another v. The State 1999 SCMR 1220; Manzoor Hussain v. Nadeem Bila and 3 others 2003 SCMR 459; Iftikhar Hussain and others v. The State 2004 SCMR 1185; PLD 1994 SC 879 and Hadi Bakhsh's case PLD 1963 Kar. 805 ref. (b) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-i-Amd---.---Appreciation of evidence---.---Improvements made by witness---.---Effect---.---Deliberate and dishonest improvements made by a witness cast serious doubt on his veracity. Akhtar Ali and others v. The State 2008 SCMR 6; Muhammad Khan and another v. The State 1999 SCMR 1220; Manzoor Hussain v. Nadeem Bila and 3 others 2003 SCMR 459; Iftikhar Hussain and others v. The State 2004 SCMR 1185; PLD 1994 SC 879 and Hadi Bakhsh's case PLD 1963 Kar. 805 ref. THIS JUDGMENT DELIVERED BY: MAQBOOL AHMED AWAN, JUSTICE:---.--- The appeal is directed against the judgment passed by the learned IInd Additional Sessions Judge, Thatta, whereby the appellant was found guilty and was convicted under section 302, P.P.C. and sentenced to imprisonment for life as Tazir and also directed to pay Rs.100,000 as compensation to the legal heirs under section 544-A, Cr.P.C. The brief facts of the case as disclosed in the F.I.R. are that one Rasool Bux lodged .the F.I.R. at Police Station Mirpur Bathoro being Crime No. 32 of 1999 at about 12-20 pm., stating therein that he is mechanic by profession and on 10-9-1999 he had come to his brother Ghulam Qadir who disclosed to him that about 3 months ago Noor Ali and deceased Mahboob Ali were arrested by…

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