Law:

Section:

Penal Code (XLV of 1860)--- ---S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Contradictions/improvements were noticed in the statements made by the complainant in the complaint and recorded by him before the Trial Court---Names of accused and his co-accused were mentioned in the site plan, whereas same was silent qua the name of acquitted accused---Similar was the case of other eye-witnesses, who made improvements in their cross-examination---Prosecution had not been able to prove the motive against accused, as alleged by the complainant in the F. L R. ---F. I.R. had alleged that accused resorted to firing; and as per postmortem report, nine firearm entry wounds were found on the person of the deceased, but no crime' empty was recovered from the spot; and the report of the Forensic Science Laboratory was only to the effect that the pistol was in the working condition---Recovery of pistol from accused, was of no avail to the prosecution, in circumstances---Mere abscondence of accused, could not be considered as a corroborative piece of evidence to maintain his conviction---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---Impugned was set aside and accused was acquitted of the charge of murder by extending him benefit of doubt and was released, in circumstances. Muhammad Farooq and another v. The State 2006 SCMR 1707; Abdul Khaliq v. The State 2006 SCMR 1886; Muhammad Fazil v. Bashir Ahmad and another 2009 SCMR 1382; Muhammad Rafique and others v. The State 2010 SCMR 385 and Rohtas Khan v. The State 2010 SCMR 566 ref. Akhtar Ali and others v. State 2008 SCMR 6; Muhammad Fazil v. Bashir Ahmad and another 2009 ' SCMR 1382, Muhammad Rafique and others v. The State and others 2010 SCMR 385 and Rohtas Khan v. The State 2010 SCMR 566 rel. JUDGMENT MANZOOR AHMAD MALIK, J.---This judgment shall decide Criminal Appeal No.203-J of 2006 (Muhammad Saleem v. The State); Criminal Appeal No.666 of 2006 (Muhammad. Siddique v. Allah Rakha and others) and…

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