Law: Pakistan Penal Code, 1860

Section: 302,324,427,148,149

Penal Code (XLV of 1860)--- ---Ss. 302, 324, 427, 148 & 149---Appreciation of evidence---Report which vide murasila having been made on the spot after preliminary investigation, had lost its authenticity as such-like reports were looked by the court with suspicion---All prosecution witnesses except one, were closely related to complainant and were thus highly interested witnesses and in such case, for conviction of accused, some corroboration either from independent or reliable source was required, but same was lacking in the case---Prosecution witness who appeared to be somewhat an impartial witness, had not supported prosecution case, who had stated in cross-examination that he had neither identified nor had known any of the accused---Not only material contradiction were noticed in the ocular version furnished by eye-witnesses and medical evidence on record, but also there were sufficient improvements in the eye-witness account given before the Court as against the version given in the F.I.R.---Prosecution had failed to prove its case against accused beyond any reasonable doubt---Accepting appeal against of Trial Court, accused were acquitted from the charges levelled against them and were released from jail. JUDGMENT FAZLUR REHMAN KHAN, J.---By the judgment/order dated 20-12-2003, the learned Addl. Sessions Judge, Karak, has convicted appellants Maqbool Shah, Saeed Shah and Barkat Ali Shah under section 302(b), P.P.C. and has sentenced them to undergo imprisonment for life each with an order to pay Rs.50,000 as compensation to the legal heirs of the deceased under section 544-A., Cr.P.C. and in default of payment to undergo further 6 months' R.I. with benefit under section 382-B, Cr.P.C. in case F.I.R. No.15 dated 9-7-2000 of P.S. Shah Saleem, under sections 302/324/427/148/149, P.P.C. By the same judgment/order, the learned Additional Sessions Judge has acquitted accused-respondents Faridullah Shah, Umar Shah, Dilawar Shah, Abdur Rehman, Noor Ajab Shah and Akram Bacha. The appellants vide Cr. A. No.7 of 2004 have challenged their conviction and sentences while complainant Noor Badshah has filed Criminal Appeal No.67 of 2004, thereby challenging the…

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