Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.173---Opinion of the Police, admissibility in evidence---Scope---Opinion of the Police qua guilt or innocence of accused person, was not admissible in evidence; and the case would be decided on the basis of evidence available on the record. Muhammad Ahmad (Mahmood Ahmed) and another v. The State 2010 SCMR 660 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 148 & 149---Qatl-e-amd, rioting, common object---Appreciation of evidence---Benefit of doubt---Complainant had not stated that accused or acquitted co-accused, were armed with any weapon and did not attribute any injury to either of them---No injury on the person of deceased was mentioned in the F.I.R., but, while appearing before the Trial Court, the complainant had changed his stance by stating that accused fired with his pistol, which landed upon left thigh outer side of his father, which fire went through and through from the right flank---Prosecution witnesses, had also made improvements in their statements---To place reliance on the statements of said interested witnesses was not safe which were full of dishonest improvements---Ocular account, was also in conflict with the medical evidence available on the record---Conviction could only be based upon unimpeachable evidence; and certainty of guilt and any doubt arising in the prosecution case, must be resolved in favour of accused---Prosecution had failed to prove its case against accused, beyond any shadow of doubt---Conviction and sentence awarded to accused through impugned were set aside, and he was acquitted from the charge by extending him benefit of doubt and was released, in circumstances. Muhammad Rafique and others v. The State and others 2010 SCMR 385 and Ayub Masih v. The State PLD 2002 SC 1048 rel. (c) Criminal trial--- ----Motive---Motive was a double edged weapon and could be the reason for false implication; and at the same degree as it could be the reason for commission of crime---Motive was only a supportive piece of evidence, relevant only, when primary evidence i.e. ocular account inspired confidence. JUDGMENT MANZOOR AHMAD MALIK, J.---This judgment shall decide Criminal Appeal…

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