1. ' KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Criminal Appeal No,88-J of 2004 directed against the judgment dated 22-12-2003 passed by the learned Addl. Sessions Judge, Mianwali, whereby he convicted the appellant under section 302(b), P.P.C. As Ta'zir and sentenced her life imprisonment with benefit of section 382-B, Cr.P.C.
2. Brief facts as narrated in the F.I.R. Exh.P.M. Are that complainant Boota Masih lodged Rapat No,10 on 28-8-2003 stating therein that his brother Rashid Masih deceased was employed with Atomic as Sweeper and was residing in Servant Colony Wapda. He came to see his brother in said colony yesterday. His brother was asked by owner of said quarter to vacate the quarter. The complainant and his brother Rashid Masih deceased were going on bicycles to Khankah-Sirajia for getting the key of the private house. Rashid Masih deceased when crossing railway line at 9-30 p.m. He could not control his bicycle and fell on the railway line. He received injury on the head due to his fall on the railway line. The complainant brought the deceased to his quarter in an injured condition and at about 11-30 p.m. He died due to those injuries. The matter relates to an accidental death. The complainant came to the police station and reported the matter.
2. ' The Investigating Officer went to the place of occurrence. During interrogation the complainant and Siddiq Masih got recorded in their statements that Mst. Bashiran Masih widow of deceased confessed in their presence that she along with Shaukat Masih murdered Rashid Masih deceased on the night of 27/28-8-2003 by giving a blow with iron rod on his head and strangulating him due to their illicit relations in order to marry each other.
3. ' Investigation of the case was taken over by Muhammad Iqbal, S.-I./P.W.10. He went to the place of occurrence, secured blood-stained cotton from the place of occurrence vide memo. Exh.P.E., recorded the statements of witnesses under section 161, Cr.P.C., inspected the dead-body of the deceased, prepared injury statement Exh.P.C. And inquest report Exh.P.D. On 2-9-2003 arrested accused Pitras Masih, Shaukat Masih and Bashiran Masih. On 5-9-2003 accused Shaukat Masih while in police custody led to the recovery of iron rod P.3 which was taken into possession vide memo. Exh.P.G. After ompletion of remaining formal investigation accused were sent to face the trial.
4. ' At the trial prosecution in order to prove its case produced 10 witnesses in all, thereafter learned S.P.P. Tendered in evidence report of Chemical Examiner Exh . P. L. , that of Serologist Exh. P . M. And closed the prosecution case, then the statements of the accused under section 342, Cr.P.C. Were recorded in which pleaded innocence.
5. ' Learned counsel for the appellant in support of this appeal submits that the occurrence took place in the mid-night hours; that complainant Boota Masih according to his statement recorded under section 154, Cr.P.C. That the deceased received injury on a railway track and died at the spot; that except extra-judicial confession there is no evidence on record against the appellant; that Shaukat Masih co-accused had been acquitted by the learned trial Court who was ascribed the same allegation; that no blood-stained cotton was recovered from her possession or from her bedding; that there is no direct evidence against the appellant and that this is a case of circumstantial evidence; that no case is made out against the appellant and that she may be acquitted.
6. ' On the other hand learned State counsel submits that according to extrajudicial confession place of occurrence is admitted; that she has been nominated by the prosecution witnesses and medical evidence also supported the prosecution case.
7. ' I have heard learned counsel for the parties. The occurrence according to prosecution took place on the night of 27/28-8-2003. Matter was reported to the police by Boota Masih real brother of Rashid Masih deceased. I have gone through the F.I.R. And "Karwai Police".
8. ' According to "Karwai Police" the Investigating Officer stated that presently it seems to be a case of an accidental death but he also recorded the statement of Siddiq Masih who told that Bashiran Masih widow of deceased had made extra-judicial confession ' that she developed illicit relations with Shaukat Masih co-accused (acquitted by learned trial Court) and with his connivance deceased was done to death. It is a case of circumstantial evidence, firstly Boota Masih complainant stated that deceased Rashid Masih met an accident at railway track, then he changed his version and stated that Bashiran Masih made extrajudicial confession before him that she with the connivance of Shaukat Masih committed the murder of Rashid Masih. There is no evidence whatsoever on record except extra-judicial confession which is always weak type of evidence as has been held by this Court and also by apex Court. Two co-accused also tried along with the appellant by learned trial Court and they had been acquitted. It is stated by learned counsel for the State that iron rod was recovered on the pointation of Shaukat Masih co-accused.
9. Shaukat Masih had been acquitted by learned trial Court and no appeal against acquittal has been filed by the prosecution. Prosecution case only hinges on extrajudicial confession but capital punishment cannot be given without any corroboration which is lacking in this case. This is case of very doubtful nature. This appeal is accepted and judgment passed by learned trial Court is set aside. While granting benefit of doubt, the appellant is acquitted from the charge. She shall be released from Jail forthwith if not required in any other case. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.