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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Benefit of doubt--Medical contradiction is irreconcilable with ocular account and has created big doubt in the prosecution version--Co-accused whom same role was attributed has been acquitted by trial Court--Court do not believe the prosecution evidence to the extent of appellant as there was no independent corroboration against him and as the appellant did not cause any injury to the deceased during the entire occurrence, therefore, by extending them benefit of doubt, appeal accepted--Conviction and sentence set aside. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, J.- This judgment will dispose of Criminal Appeal No. 65/2005 filed by Abdul Hameed and Kaleem Ullah appellants who were convicted and sentenced by learned Addl. Sessions Judge, Bahawalnagar vide impugned judgment dated 26-02-2005. Following conviction and sentences were imposed on the appellants:-- ABDUL HAMEED APPELLANT Death under Section 302(b) PPC and a of fine Rs. 1,50,000/-, same shall be received by the legal heirs of the deceased and in default thereof to further undergo R.I. for two years. KALEEM ULLAH APPELLANT Life imprisonment under Section 302(b)/34 PPC and a fine of Rs. 25,000/, in default thereof to further undergo R.I for one year with benefit of Section 382-B of Cr.P.C. Murder Reference No. 11 of 2005 for confirmation of Death sentence of Abdul Hameed appellant or otherwise and Criminal Appeal No. 93 of 2005 filed by Abdul Ghani against the acquittal of Muhammad Jafar etc. being emanated from the same impugned judgment shall also be disposed of through this single judgment. 2. The prosecution case as disclosed by Abdul Ghani complainant (PW-9) is that his land is situated near Killa No.21 of Rectangle No. 222/6, Mauza Dogarwala. The said Killa is a state land. Their land is irrigated from the watercourse which is situated on western side of Killa No.21. Abdul Hamid's land is situated in Killa No.20 Rect. No.222/6 which is also irrigated through same watercourse. The accused Abdul Hameed etc. used to demolish the watercourse and waste their…

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