Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Penal Code (XLV of 1860)--- ---S. 302/34---Criminal Procedure Code (V of 1898), S.417(2-A)---Appeal against acquittal---Prosecution had failed to prove the motive for the murder of the deceased against the accused through any independent and corroborative evidence---Solitary statement of real brother of the deceased being an interested witness, was of no avail to prosecution regarding motive---Extra-judicial confession made by one accused being exculpatory in nature was inadmissible in evidence and the same could not be considered as evidence against co-accused at any touchstone of criminal administration of justice---No other incriminatory material was collected against the accused---Female accused initially was complainant in the case of murder of her husband, but later on she had been arrayed as an accused on the joint application made by all the brothers of the deceased---Record did not indicate as to how she was shifted from the calendar of prosecution witnesses to the array of accused---Recovery of pistol from the said accused did not connect her with the commission of crime---Reasons advanced by Trial Court for acquittal of accused were neither perverse nor fanciful---Double presumption of innocence was attached to accused after their acquittal by a competent Court---Appeal against acquittal of accused was dismissed in circumstances. JUDGMENT MUHAMMAD AHSAN BHOON, J.---This criminal appeal is directed against the judgment, dated 19-7-2000 passed by the learned Additional Sessions Judge, Rawalpindi, whereby he acquitted respondents Nos. 1 to 3 in case registered vide F.I.R. No.221, dated 24-6-1999 offence under section 302/34, P.P.C. registered at Police Station, Murree, District Rawalpindi. 2. Prosecution story in brief is that on 24-6-1999 Muhammad Nazir, S.-I. after receiving the information regarding occurrence reached at Civil Hospital, Murree where Mst. Farzana wife of the deceased Itfaq was admitted and she got her statement recorded before him stating therein that she was married to Itfaq deceased and had a minor daughter aged about two years, her husband after serving at Saudi Arabia for about 6/7 years had come on leave for 1-1/2 months. On the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492