Law:

Section:

Testimony of injured witness-- ----Criminal Administration of Justice--An injured witness is not necessarily a truthful witness and his testimony is also subject to scrutiny in accordance with the well settled principles of Criminal Administration of Justice. 2007 SCMR 670. Benefit of doubt-- ----If there is a single doubt in the prosecution story, the benefit thereof must be given to the accused not as a matter of grace but as a matter of right. 2009 SCMR 230. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Presence of eye-witnesses at the place of occurrence has become doubtful--It was night-time occurrence--It was a dark night--Claim of the eye-witnesses that they witnessed the occurrence in torch's light was not believable--Recovery of Pistol and Khanjar were concerned, since ocular evidence had not been believed by Court--These recoveries has no value as the same were only corroborative in nature--Prosecution has failed to prove its case against appellant beyond any shadow of doubt--Appeal allowed. 2010 SCMR 97. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSITCE:---.----- This judgment shall dispose of Cr. A. No. 1747/2003 (Muhammad Jamil etc. vs. The State) and Murder Reference No. 723/2003 (The State vs. Muhammad Jamil etc.) sent by the learned trial Court for confirmation or otherwise of the death sentence awarded to Appellants No. 1 and 2 (Muhammad Jamil and Muhammad Asif), as both have arisen out of the same judgment dated 30.09.2003 passed by learned Addl. Sessions Judge, Okara in case F.I.R. No. 98/2002 dated 09.03.2002, registered under Sections 302/324/148/149 PPC with Police Station Saddar Renala Khurd, District Okara. 2. After conclusion of the trial, Appellants No. 1 and 2 (Muhammad Jamil and Muhammad Asif) were convicted under Section 302(b) PPC for the murder of Farman Ali and sentenced to death each, alongwith compensation/fine of Rs.50,000/- each, to be paid to the legal heirs of the deceased, whereas Appellants No. 3 and 4 (Iftikhar Ahmad and Muhammad Aslam) were convicted under Section 324 PPC for causing injuries to Javaid Iqbal P.W. and sentenced to 10 years each.…

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