Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(a) 302(c)---Appreciation of evidence---Proof against accused in either of the forms specified in S.304, P.P.C. being not available, his conviction under S.302(a), P.P.C. by Trial Court was illegal---Accused had not made confession of Qatl-i-Amd as such--¬Admission made by accused was of implied killing but not express which was to be treated not in isolation of but in conjunction with his specific plea that he had fired at the vehicle which the deceased had failed to stop when signalled---Delay in recording confessional statement in the events of the background was fatal to prosecution and more importantly when no satisfactory explanation for delaying the same for two weeks was furnished which was suspicious---Accused undisputedly was on duty to check the vehicle for enquiry or the persons found suspicious which was being done on the orders of superiors irrespective of the fact whether such orders could be issued---Plea of accused in his statement under S.340(2), Cr.P.C. to such extent was not challenged---Accused in good faith reasonably thought that the said orders were lawful and so he tried to stop the deceased who was armed with Kalashnikov and when he was not in a position to stop him, he fired at the car, but in that process two bullets also hit the deceased whose conduct was a contributory factor--¬Accused, thus, had undoubtedly exceeded the powers statedly given to him by law and caused the death of the deceased by doing an act which he in good faith believed to be lawful and necessary for the due discharge of his duty---Although there was no mens rea and the accused had acted in good faith, even then the said authority was not exercised by him with due care and attention and he had acted negligently- --However, the accused neither intended to cause death, nor he knew that his act must cause death in all probabilities, though being a police constable he ought to have had the knowledge that it could cause death---Conviction of accused under S.302(a), P.P.C. was altered to one under S.302(c), P.P.C. and he was sentenced to seven years R.I. in circumstances. Muhammad Riazs case PLD 1980 FSC 1; Abdul Haq v. State…

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