Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence--- Principle of consistency---Applicability--- Motive---Conviction on capital charge---Principles---Only one fire arm injury was attributed to accused but according to post-mortem report there was another injury caused to deceased by blunt weapon---Trial Court convicted accused and awarded him death penalty but High Court altered the sentence to imprisonment for life---Validity---Complainant party failed to establish charge against co-accused by any solid evidence, thus accused should have been equally treated---Manner of commission of incidence on the face of record was neither natural nor probable and motive was also not proved by prosecution---Trial Court as well as High Court suffered from misconstruction of evidence and wrongly passed conviction which could not sustain in law---In order to sustain conviction on capital charge, evidence must come from independent and unimpeachable source rather than from tainted and inimical witnesses without any independent corroboration---Supreme Court converted petition for leave to appeal into appeal and set aside conviction and sentence awarded to accused---Appeal was allowed. JUDGMENT ABDUL HAMEED DOGAR, J.--- This petition is directed against the judgment, dated 5-6-2006 of a learned Division Bench of the Lahore High Court, Lahore, whereby sentence of death awarded to the petitioner by trial Court was altered to imprisonment for life and fine was enhanced from Rs.50,000 to Rs.1,00,000 or in default whereof to suffer six months' S.I. 2. Briefly, stated facts giving rise to the filing .of the instant petition are that about ten years before the occurrence complainant Muhammad Ishaq was married with Mst. Tasleem whereas Muhammad Riaz his brother-in-law was married with acquitted accused Mst. Shafqat Perveen 10/12 days before the incident, father-in-law of Muhammad Riaz had expired, therefore, complainant along with others had gone to Chak for offering Fateha. About 12-00 mid night complainant along with his brother-in-law Muhammad Riaz, Ijaz and Shaukat Ali brother were coming to the village from cattle-shed of…

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