Law:

Section:

Duty of Prosecution-- ----Benefit of doubt--It is bounden duty of prosecution to prove its case against the accused beyond any shadow of doubt and if it fails to discharge the said onus then its benefit goes to the accused. 1993 SCMR 550. Benefit of doubt-- ----It is settled by Apex Court of the country that in case of doubt, its benefit must go to the accused not as a matter of grace but of right. 2009 SCMR 230. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Abscondence of appellant--Corroborative piece of evidence--Ocular account was not free from doubt--Appellant's abscondence cannot be made basis for mitigating conviction--Medical evidence was concerned, if the ocular account does not inspire confidence, the medical evidence is of no avail to the prosecution because it only talks qua the seat of injuries--Recovery of rifle from appellant has rightly discarded because there was no report of Forensic Science Laboratory--Prosecution case was not free from doubts--Conviction of appellant on a capital charge cannot be maintained--Held: Even benefit of a slightest doubt goes to the accused as a matter of right and not as a grace--An innocent person cannot be hanged due to conscious of fact--Appeal allowed--Conviction and sentence set aside. 2006 SCMR 1707, 2006 SCMR 1886, PLD 2008 SC 298 & PLD 2008 Kar. 348, ref. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSITCE:---.----- This judgment shall dispose of Cr. A. No. 265/04 (Naseer Ahmad vs. The State) and Murder Reference No. 194/04 sent by the learned trial Court for confirmation or otherwise of the sentence of death awarded to the appellant on four counts, as both arise out of the same judgment dated 16.2.2004 passed by the learned Additional Sessions Judge, Daska, whereby, appellant was convicted for the murder of four persons, namely, Ihsanullah, Ijaz Ahmad, Nasir Mahmood and Jaabar Khan under Section 302(b) PPC and sentenced to death on four counts with a further direction to pay a compensation of Rs. 1,00,000/- on four counts as provided under Section 544-A Cr.P.C. to the legal heirs of the deceased. He was also convicted under…

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