Law: Penal Code (XLV of 1860)

Section: 302/324/34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Penal Code (XLV of 1860)--- ----Ss. 302/324/34---Criminal Procedure Code (V of 1898), S.417(2-A)---Appeal against acquittal---Benefit of doubt---Inordinate delay of 3-1/2 hours in lodging F.I.R.---Intervening period of time was consumed in consultation and deliberation before charging accused---Presence of witnesses on the spot at the time of occurrence, had become doubtful, in circumstances---Medical evidence also did not corroborate the statements of eye-witnesses---Nine empties of 7.62 bore recovered from the spot were sent to Forensic Science Laboratory, which had reported that those were fired from a single weapon, which could mean that assailant was one and who was that out of two nominated accused, was in mystery which further suggested that witnesses had not seen the occurrence---Benefit of doubt arising in the case would go to both accused persons---Deceased was an absconder and in normal course of life he must be having some weapon which should have been recovered near his body or the witnesses should have stated that it was taken away by assailants, but no evidence was available to that effect---Blood feud between the parties, eye-witnesses were interested witnesses and inordinate delay in lodging report, had clearly hinted that accused were charged after consultation and deceased being absconder was done to death in an unseen incident---Success of criminal appeal was not visible---Benefit of doubt was rightly extended to accused in their acquittal. ORDER SYED YAHYA ZAHID GILANI, J.---This appeal against acquittal has been filed by Hathi Khan complainant on whose report the Qatl-e-Amd of his nephew Muhammad Hassan was registered at Police Station Ghazni Khel, vide F.I.R. No.38, dated 3-4-2007, under sections 302/324/34, P.P.C., against both the respondents-acquitted accused Muhammad Hashim Khan and Bughdad Khan, who are brothers inter se, and were tried by learned Additional Sessions Judge-I, Lakki Marwat, who acquitted them vide impugned judgment delivered on 5-3-2009. 2. We have listened arguments of learned counsel for the complainant motion. He contended that the occurrence was not only witnessed by Hathi Khan complainant who appeared in the…

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