Law:

Section:

AJ&K Penal Code, 1860 (XLV of 1860)-- ----S. 302--Criminal Procedure Code (V of 1898), S. 382-B--Appreciation of evidence--Conviction and sentence--Challenge to--Benefit of doubt--Prosecution failed to produce PWs that the iron rod was recovered at the instance of accused was brought on record--Accused persons were suspecting the deceased for having illicit relations with the daughter of "M" co-convict, but the allegation was not proved during trial--Recovery of clothes of the deceased from the house of convict through seizer memo was mysterious as it was not claimed by the prosecution that he was found naked after sustaining injuries particularly when another pair of clothes was seized by police through seizer memo--Prosecution also failed to examine important witnesses such as the complainant and attesters of the recovery memos--Held: Co-accused were alleged for inflicting injuries at the head of the deceased but during trial it was not ascertained that who was responsible for giving fatal below--Prosecution evidence was not believed by trial Court to extent of co-accused and they were acquitted of the charge while the appellant was convicted by putting reliance on the same--Reasons given by the trial Court for recording acquittal in favour of co-convicts/appellants were ignored without any legal justification while convicting the appellant--Prosecution evidence was doubtful and the appellant was also entitled to its benefit--Appellant acquitted. Order The above titled appeal is directed against the judgment passed by District Court of Criminal Jurisdiction, Mirpur dated 31-05-2006, whereby the appellant was convicted and sentenced 20 years R.I under Section 302, A.P.C. 2. Brief facts leading to the background of the appeal are that a case under Section 324, A.P.C was registered against Abbas alias Basu and others at Police Station, Dadyal on the complaint of Rehmat Ali. It was reported that complainant was resident of Ratta. On 19-03-2001 at 10.30 p.m Ubaid S/O Lal Khan told him that Abbas alias Basu and others gave beatings to his nephew Muhammad Ali with sticks. Upon this he came at the place of occurrence and saw the victim lying unconscious. The…

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