Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324 & 34--Conviction and sentence--Challenge to--Benefit of doubt--Punishable only with Diyat--Presence of the eye-witnesses at the place of occurrence was highly doubtful--Manner in which the occurrence was stated to have taken place was also highly improbable and did not appeal to reasoning, the prosecution could not all prove its case beyond any reasonable shadow of doubt--Prosecution evidence was full of discrepancies which were substantial in nature and it was not safe to base conviction on such a weak type of evidence--Appeal allowed. THIS JUDGMENT DELIVERED BY: PERVAIZ INAYAT MALIK, JUSITCE---.--- Appellants Nasir S/O Atta Muhammad and Mursaleen S/O Manzoor Khan were tried by learned Additional Sessions Judge, Mailsi District Vehari along with their co-accused Irshad and Manzoor Khan (since acquitted) in case FIR No. 292/07 dated 04.11.2007 for offence under Sections 302/324/34 PPC registered at Police Station Karampur Tehsil Mailsi District, Vehari who vide judgment dated 15.10.2008 convicted them under Section 302 (b)/34 PPC for committing murder of Mst. Faiz Elahi, deceased, and sentenced them to imprisonment for life each as Tazir with direction to them to pay Rs. 1,00,000/- as compensation under Section 544-A Cr.P.C. to the legal heirs of the deceased Mst. Faiz Elahi which was to be recovered as arrears of land revenue and in default thereof they were also ordered to undergo six months R.I. Benefit of Section 382-B Cr.P.C. was also awarded to them. 2. It is inter alia contended that the allegation against Mursleen appellant is that he fired shot from his rifle, which was infact directed towards Muhammad Anwar DW, but unfortunately hit to Mst. Faiz Elahi, deceased; that the role attributed to Nasir appellant is that he made fire shot from his rifle which incidentally hit to minor child Muhammad Awais on his shoulder; that provisions of Section 302 PPC are not attracted in the present case; that even if the prosecution story is admitted as a gospel truth, without conceding, at the most the provisions of Section 319 PPC would be attracted which is punishable only with Diyat, definition whereof…

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