Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 161,342,382B

Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Benefit of doubt---Whole case depended upon evidence of three eye-witnesses, out of whom, one had not implicated accused persons.. No motive had been attributed to accused---Alleged recoveries were of no use to the prosecution as by withholding the case property for 21 months, the Investigating Officer had spoiled the entire prosecution case---Even the mashirs of recovery were not independent persons---Accused persons were arrested and recoveries were effected from thickly-populated area, but no private person from the area was associated and Investigating Officer had not explained as to why he had not associated private witnesses with him while making arrests and recoveries---Corroborative evidence was not confidence-inspiring and it was not safe to rely upon it for upholding the conviction and sentence of accused persons---Evidence collected by the prosecution and witnesses examined in the court were not confidence-inspiring and created doubt about the entire prosecution case---Case was of insufficient evidence, which, apart from being discrepant, was not confidence-inspiring--Accused persons were acquitted and released extending them benefit of doubt. THIS JUDGMENT DELIVERED BY: KHAWAJA NAVEED AHMED, J.--- This criminal appeal has been filed on behalf of appellants Ghulam Nabi, Samar and Rasool Bakhsh, who were convicted under section 302, P.P.C. and were sentenced to suffer imprisonment for life with a fine of Rs.20,000 and in default in payment of fine to undergo further S.I. for six months, vide judgment, dated 8-8-2005 passed by the learned 1st Additional Sessions Judge, Dadu. It was further ordered that if fine is realized, it should be given to legal heirs of the deceased persons. The appellants were also awarded benefit of section 382-B, Cr.P.C. Being aggrieved from the above mentioned judgment, the appellants have preferred this appeal in High Court through Mr. A.Q. Halepota, Advocate. The charge against three appellants is that on 29-12-2001 at about 6-00 p.m. on the link road in front, of Bashir Arain Road, the appellants by sharing common intention, on the motive of marriage of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492