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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 308--Appellant was convicted u/S. 308, PPC and sentenced whereas his co-accused was convicted u/S. 302(b) and sentenced--Remaining co-accused were acquitted of the charge--Previous enmity was admitted--Testimony was not only discrepant--Lack of corroboration from circumstantial evidence--Benefit of doubt--Validity--Whereas during the investigation no recoveries of weapon of offence was effected from appellant, number of villagers had joined the investigation and gave statements with regard to innocence of the appellant and on basis thereof he was declared innocent by investigation officer--Weapon of offence and cartridges were returned by FSL under objection that cartridges were old which were returned and replaced with her cartridges after about 10 days--Prosecution had failed to prove the case against beyond reasonable doubt--Accused were acquitted--Appeal was allowed. THIS JUDGMENT DELIVERED BY: TARIQ JAVAID, JUSTICE---.--- This appeal is directed against the judgment dated 06.02.2001 passed by the learned Additional Sessions Judge, Sahiwal, whereby he convicted the appellant Talib Hussain under Section 308 PPC and sentenced him to undergo R.I for fourteen years, whereas his co-accused Sher Muhammad was convicted under Section 302(b) PPC and sentenced to undergo imprisonment for life with direction to pay fine of Rs. 50,000/-, in default whereof to undergo S.I. for six months. Case against remaining accused namely Bahawal Sher, Sarwar and Muhammad Saeed was not proved; therefore, they were acquitted of the charge. Benefit of Section 382-B, Cr.P.C. was, however, extended to the appellant-accused in case FIR No. 165 dated 16.05.1999, under sections 302/148/149 PPC registered at Police Station, Harappa District Sahiwal. 2. Brief facts of the case, as given in FIR (Exh.P.C), recorded on the statement of Mst. Sattan Bibi, complainant, is that she is resident of Chak Ahmad Baghila and her husband Haji Muhammad Sadan was murdered by Sher Muhammad, who had come to home about two months prior after acquittal. She had two sons aged about 12/13 years and the other is about 8 years and four daughters. On…

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