Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---No direct or indirect motive had been alleged, brought and proved by the prosecution against accused---F.I.R. was lodged with delay, and possibility of deliberation and consultations could not be ruled out---Both the prosecution witnesses were related to the deceased as well as to the complainant---Case of the complainant party remained consistent so far as F.I.R. and statement of eye-witnesses recorded under S.161, Cr.P.C. were concerned while both the prosecution witnesses took their stances otherwise---Complainant had also improved his statement---Appeal against acquittal of co-accused had been dismissed by High Court; it could safely be concluded that prosecution case had not been believed as to the involvement of said co-accused despite the recovery of weapon of offence was effected from him---Other co-accused had also been acquitted by the Trial Court as well as High Court---Statement of sole witness had been found uncorroborated by any independent evidence---Recovery of rifle allegedly effected from the accused, was insignificant because there was no positive report as no crime empty was taken into possession from the spot by the Police---Presence of both the eye-witnesses at the place of occurrence was highly doubtful; their version had been found dishonestly improved, tainted one and was disbelieved--Prosecution, in circumstances, had failed to prove its case against accused beyond shadow of reasonable doubt---Conviction and sentence imposed on accused by the Trial Court, were set aside and he was acquitted of the charge by extending him benefit of doubt and was set at liberty, in circumstances. JUDGMENT MAZHAR IQBAL SIDHU, J.---This judgment will dispose of above captioned criminal appeal filed by Naazim Hussain appellant as well as Murder Reference for confirmation of his death sentence or otherwise, who was convicted by learned Addl. Sessions Judge, Daska in a case registered vide F.I.R. No.87 of 2005 dated 19-6-2005 under sections 302/34, P.P.C. at Police Station Begowala, Distt. Sialkot vide impugned judgment dated 21-1-2007 and sentenced as…

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