Law: Pakistan Penal Code, 1860

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Benefit of doubt---F.I.R. having been registered later than the time claimed by the prosecution, chances of deliberation and concoction could not be ruled out---Two separate incidents, one causing the murder of the deceased and the other of causing the injuries to the injured witness, had been combined by the prosecution in one F.I.R.---Injured prosecution witness could not necessarily be a truthful witness and his testimony was not acceptable without scrutiny---Medical evidence had made the presence of eye-witnesses at the scene of occurrence doubtful---Occurrence. admittedly had taken place in a dark night and claim of eye-witnesses to have seen the incident in a torch light was not believable, as the complainant was neither carrying any torch with him, nor the same was produced during investigation---Ocular evidence having been disbelieved, recovery of pistol and "Khanjor" from accused had no value being only corroboration in nature---Prosecution story was neither probable nor free from doubts, benefit of which had to be given to accused not as a matter of grace but as a matter of right---Accused were acquitted in circumstances. Muhammad Pervez and others v. The State and others 2007SCMR 670; Noor Muhammad v. The State and another 2010 SCMR 97; Ijaz Ahmed v. State 1997 SCMR 1279; Asadullah Muhammad Ali case PLD 1971 SC 541; Saifullah v. The State 1985 SCMR 410; Muhammad Akram v. The State 2009 SCMR 230 and Tariq Pervez v. The State 1995 SCMR 1345 ref. (b) Penal Code (XLV of 1860)--- ----Ss.302(b) & 324---Qatl-e-amd and attempt thereof---Appreciation of evidence---Injured witness---Credibility---Injuries on a prosecution witness only indicate his presence at the spot, but do not prove his credibility and truth. Muhammad Pervez and others v. The State and others 2007 SCMR 670 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302(6) & 324---Qatl-e-amd and attempt of qatl-e-amd---Appreciation of evidence---Recoveries---Evidentiary value---Recovery of incriminating articles is a corroborative piece of evidence meant to test the…

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