Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Occurrence was un-witnessed incident as no one had come forward to claim that he had seen accused setting the deceased on fire by sprinkling petrol---Trial Court found the evidence of witnesses reliable and confidence-inspiring and recorded the conviction of accused without discussing or taking into consideration the other aspects of the case, which cogently were in favour of accused and could not be ignored lightly---Evidence of witnesses was full of contradictions---Cogent evidences for convictions were required otherwise innocent persons would be presumed to be offender---Another prosecution witness had not supported the prosecution case and he was declared hostile by the prosecution---Neither the credibility of the prosecution witnesses was up to the mark and trustworthy for believing nor confidence inspiring for recording the conviction of accused---Trial Court had also not considered and discussed delay of about five months in lodging F.I.R., whereas in murder cases the matter was to be referred to the Police with no delay---Prosecution case being not free from doubt, sentence awarded to accused by impugned of the Trial Court was set aside, he was acquitted extending him benefit of doubt and was released, in circumstances. JUDGMENT FAROOQ ALI CHANNA, J.---The appellant has preferred his appeal from the judgment dated 10-3-2011, passed by the IInd Additional Sessions Judge Karachi South in Sessions Case No.223 of 2010 corresponding to Crime No.51 of 2010 registered at Police Station Nabi Bux, offence under section 302/34 whereby the appellant was found guilty of offence under section 302, P.P.C. and was sentenced for imprisonment for life with fine of Rs.100,000 and in default thereof to suffer R.I. for six months. 2. Briefly the facts of the case are that on 10-3-2010 complainant Muhammad Rafiq lodged F.I.R. at Police Station Nabi Bux that on 21-10-2009 about five months prior to lodging of F.I.R., at about 4-30 p.m. his daughter informed him on telephone that his son Nabeel has been burnt and muhallah people have taken him to hospital.…

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