Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Role attributed to accused was similar to that of co-accused who was acquitted extending him benefit of doubt---No evidence having been produced by the prosecution to prove the alleged motive, it could not be held that motive in the case had been proved, merely on the basis of imagination of prosecution witnesses---Trial Court had rightly disbelieved the motive part of the prosecution---Crime empties and rifle recovered on the pointation of accused, were kept together at the Police Station, and empties secured from the spot, were deposited in the office of Forensic Science Laboratory after 19 days of the alleged recovery of rifle---As crime weapon (rifle) and empties were kept together at the Police Station, chances of preparation of false empties for their comparison with said rifle, could not be ruled out in the case; it was, in circumstances, not safe to rely upon the alleged recovery of rifle and positive report of Forensic Science Laboratory---Prosecution evidence qua the alleged recovery of rifle and positive report of Forensic Science Laboratory, could not be considered as corroborative piece of evidence against accused---Case of accused was not distinguishable from the case of acquitted co-accused on the basis of medical evidence---Prosecution evidence, which had already been disbelieved against acquitted co-accused, could not be believed against accused without independent corroboration which was very much lacking in the case---Conviction and sentence awarded to accused by the Trial Court, were set aside extending him benefit of doubt---Accused was acquitted from the charge and was released, in circumstances. Mir Muhammad alias Miro v. The State 2009 SCMR 1188 ref. Iftikhar Hussain and another v. State 2004 SCMR 1185; Akhtar Ali and others v. The State 2008 SCMR 6 and Mir Muhammad alias Miro v. The State 2009 SCMR 1188 rel. (b) Criminal trial--- ----Evidence--- Disbelieving ocular testimony of eye-witnesses against particular set of accused and believing same evidence against another set of accused---Validity---If the ocular…

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