Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860)     S. 302 Appreciation of evidence Presence of the solitary eye witness on the spot at the time of occurrence being highly doubtful, his testimony was not worth credence Occurrence had not taken place in the manner put forth by the prosecution, nor the offence had been committed at the place where the accused was shown to be present Ocular evidence was not in consonance with medical evidence Prosecution evidence was contradictory in material points Trial Court had not properly appreciated the evidence available on record Accused was acquitted in circumstances.   Ananta Kumar Sarkar v. Sebarate ulla Sardar PLD 1966 Dacca 11.4 and Riaz Masih alias Mithoo v. The State 1995 SCMR 1730 ref.   (b) Penal Code (XLV of 1860)     S. 302 Appreciation of evidence Solitary reason creating reasonable doubt in reasonable mind regarding presence of a witness on the spot is sufficient for discarding his statement.   Riaz Masih alias Mithoo v. The State 1995 SCMR 1730 ref.   M. Zahoorul Haq and Khawaja Muhammad for Appellant.   Javed A. Khan for the Complainant.   Syed Muhammad Tahar Khan for the State.   hearing date: 31st January, 2001. JUDGMENT TALAAT QAYYUM QURESHI, J.The appellant had earned conviction under section 302, P.P.C. and sentenced to R.I. for 25 years with fine of Rs.50,000 or in default thereof to suffer further S.I. for 6 months. The fine if realized, half shall be paid to the L.Rs. of the deceased as compensation under section 544 A, Cr.P.C. The benefit of section 382 B, Cr.P.C. was also extended to him vide judgment and order, dated 18 6 1999 passed by the learned Additional Sessions Judge II, Peshawar. 2. Shah Nawaz Khan on 17 12 1988 at 12 45 p.m. made report in Casualty Lady Reading Hospital, Peshawar, where he had brought Dost Muhammad son of Naubat Khan aged about 25 years, an Afghan Refugee in injured condition that Dost Muhammad then injured (now dead) was lying in injured condition in market situated at Tehkal Payan, Tehsil and District Peshawar and crowd of people had gathered around him. On enquiry people informed Shah Nazar, complainant that Dost Muhammad…

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