Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Case property/single barrel gun, empties and the live bullets, allegedly recovered were sent to Forensic Science Laboratory after 18 months of their recovery---Contradiction existed in the statements of the Mashirs with regard to quantities of empties and bullets and sealing of said items---Case of the prosecution against accused was not free from doubt and benefit of such doubt must be given to accused---Accused was acquitted by granting him benefit of doubt and he was ordered to be released, in cir­cumstances. Imran Hussain v. Amar Arshad 19979 SCMR 438; Asim and another v. The State PLD 2004 Quetta 123; Anwarul Hassan v. The State 1980 SCMR 649 and Muhammad Mansha v. The State PLD 1996 SC 229 distinguished. Muhammad Irfan v. The State PLD 2008 Kar. 182 and Misri and 3 others v. The State 1984 PCr.LJ 2832 ref. JUDGMENT SHAHID ANWAR BAJWA, J.---F.I.R. No.9 of 2001 was recorded at Police Station Mangli on 2-2-2001 at 11-00 a.m. for an incident alleged to have occurred at 7-30 of the same day. Complainant was one Ghulam Muhammad. He stated that deceased Muhammad Rafique was his father-in-law and they resided in their separate houses at the lands of one Malik Asad. The present appellant also resided with deceased Muhammad Rafique and a day before appellant demanded hand of one of daughters of Muhammad Rafique which he refused and hot words were exchanged after which the present appellant went away to the adjacent house of his father. On the day of the incident in the morning at about 7-30 a.m. the present appellant armed with a single barrel gun came to the house of the deceased where the deceased with his family was sitting around the hearth and his wife was busy in preparing tea. The quarrel started. It attracted two witnesses and the present appellant is alleged to have put the gun on chest of Muhammad Rafique and fired thus killing him at the spot and escaped. The complainant informed Malik Asad of the incident who came at the place of incident and advised the complainant to lodge F.I.R. Consequently the F.I.R. was lodged. 2. At the trial the complainant…

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