Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Benefit of doubt---Eye witnesses of occurrence, closely related to deceased and living at a distance of one mile from the spot, had failed to justify their presence at the scene of occurrence---Glaring inconsistencies between the ocular account and the medical evidence had led to an inescapable conclusion that eye-witnesses had not seen the incident and their, testimony was not based on truth---Complainant having failed to produce any evidence before the Investigating Officer in support of motive behind the murder of the deceased, the same would not be considered as proved by the prosecution at the trial---Evidence of recovery was excluded from consideration, as the crime-empties collected from the spot and the pistols recovered from the accused were sent to the Forensic Science Laboratory together and the report of Forensic Science Laboratory was not put to the accused in their statements recorded under S.342, Cr.P.C. as an incriminating circumstance against them--Benefit of doubt was extended to accused in circumstances and they were acquitted accordingly. JUDGMENT TARIQ SHAMIM, J.---This judgment shall dispose of Criminal Appeal No.211 of 2003 filed by Akhtar Hussain alias Kaka, Criminal Appeal No.212 of 2003 filed by Tanvir Ahmad alias Bhaga, Criminal Revision No.218 of 2003 (for enhancement of compensation) filed by Mst. Anwar Begum and Murder Reference No.230 of 2003 submitted by the learned trial Court for confirmation or otherwise of sentence of death awarded to the appellants, as all the matters arise out of the same judgment, dated 7-2-2003. 2. The appellants have challenged the judgment passed by the learned Additional Sessions Judge, Sialkot, in case bearing F.I.R. No.227 of 1998, dated 23-4-1998, registered with Police Station Uggoki, Sialkot, for offence under section 302/34, P.P.C. whereby he convicted and sentenced the appellants as under:--- Akhtar Hussain alias Kaka Under section 302(b), P.P.C. Sentenced to death as Ta'zir with a direction to pay a sum of Rs.1,00,000 as compensation under section 544-A, Cr.P.C. to the legal heirs of the deceased and in default whereof to…

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