Buttar & Malik Law Firm Lahore

Kinds of Mutations of land (انتقال)

Section 302 PPC.
Benefit OF Doubt.

PLJ 2021 SC (Cr.C.) 94
[Appellate Jurisdiction]

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 302(b)--PPC
Conviction and sentence-
-Challenge to--Qatl-e-amd-- Given a firearm injury endured by PW-8 with medical examination shortly after incident under a police docket, it is hard to suspect his presence at crime scene, nonetheless, discrepancy in ocular account unanimously furnished by all witnesses including injured himself is most intriguing; with one voice they blamed acquitted co-accused, for a dagger blow on left thigh whereas according to medical examination, witness sustained a firearm injury on stated locale; accused is shown to have led to recovery of a dagger, a circumstance further compounding confusion; a witness discredited and disbelieved qua his own tormentor is of little relevance to sustain remaining structure of case--A confirmed presence by itself is not equivalence of truth--Adverting to prosecution case vis-à-vis deceased, en bloc nomination of appellant with his entire clan, each armed lethally, nonetheless, settling score with a solitary fire shot accompanied by a trivial incised wound on forehead, unlikely to be outcome of a butt blow, clearly indicates a reckless desire to see all heads rolling down street, unambiguously suggesting presence of innocent proxies--Accusation that acquitted co-accused held deceased in his arms in order to expose him to fire shot targeted by appellant, risking his own life, is a story that may not find a buyer particularly in view of an exit wound on frontal side of chest--It is also manifestly inconsistent with case initially set up in crime report wherein solitary shot is mentioned to have landed on frontal side of neck and not on back as found in autopsy report; to reconcile dichotomy, witness deviated from his earlier stance only to be confronted with embarrassment of denial--An inherently flawed ocular account, reflecting an unquenchable desire to unconscionably engage adversaries would cast away entire case--Fraught with doubts, prosecution’s failure is inescapable--Criminal appeal is allowed.♥
چودھری علی حسن بٹر
ایڈووکیٹ ۂائیکورٹ لاھور
چیئرمین جٹ فیڈریشن لاھور ڈویژن لائیرز وینگز