Law: Code of Criminal Procedure, 1898

Section: 426

Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Pakistan Penal Code, 1860 (XLV of 1860), S. 302(b)--Suspension of sentence--It is a case of last seen evidence in which missing links and dates were apparently not connected--The missing motive as per judgment could not be proved by prosecution that deceased had illicit relations with wife of petitioner--The dead body was not got recovered by petitioner--There is no other witness who had seen petitioner near dead body after commission of offence--These all noted factors reflect infirmity in judgment, benefit of which be extended to petitioner--Petitioner was convicted on 31.03.2022 and since about 2 Seats have lapsed--Application allowed.          [Para 7] A Sardar Balakh Sher Khosa, Advocate for Appellant. Mr. Muhammad Atif Khan DDPP for State. M/s. Khalida Bibi mother of Complainant. Dates of hearing: 21.3.2024. Order Crl. Misc. No. 2/2023 Through this petition under Section 426, Cr.P.C., the petitioner has sought suspension of his sentence awarded by the learned Additional Sessions Judge, Sialkot, whereby he was sentenced to imprisonment for ‘life’ as ‘Tazir’ under Section 302 (b), PPC for committing Qatal-i-Amd of Muhammad Awais and was also held liable to pay compensation of Rs. 10,00,000/- under Section 544-A, Cr.P.C. to the legal heirs of deceased which was to be recovered as arrears of land revenue. In case of default in payment of fine he was directed to further undergo 6 months S. I. Faisal Ali/petitioner was also sentenced to ten years R.I under Section 364, PPC with fine of Rs. 2,00,000/-, in case of default in payment of fine he was directed to further undergo six months S. I. Benefit of Section 382-B, Cr.P.C. was also extended in favour of petitioner. 2.       Briefly prosecution’s case against the petitioner is that on 19.09.2019 at 09:00 pm the complainant, Muhammad Riaz (Pw-1) along with his nephews namely Muhammad Awais (deceased) and Khalida Parveen (P-2), mother of the deceased and Muhammad Azeem (P-3) were sitting in a room of his brother’s house when they heard knocking at…