Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-e-amd, rioting---Appreciation of evidence---Benefit of doubt---Role of making fire-shot, which landed on the left side of the chest near the armpit of deceased, was assigned to acquitted co-accused---Role assigned to accused was similar to that attributed to two acquitted co-accused---Motive was attributed to accused and to all acquitted co-accused---Case of accused was not distinguishable from the case of acquitted co-accused insofar as motive was concerned---Report of Forensic Science Laboratory was only in respect of working condition of the allegedly recovered rifle---Rifle allegedly recovered from the possession of accused, could not be considered as corroborative piece of evidence, in circumstances---No independent corroboration was found against accused and his case could not be distinguished from the case of acquitted co-accused in that regard---Prosecution had failed to prove its case against accused beyond any shadow of doubt---Conviction and sentence awarded to accused by the Trial Court, were set aside extending him benefit of doubt---Accused was acquitted from all charges and was released from jail, in circumstances. Iftikhar Hussain and another v. State 2004 SCMR 1185 and Akhtar Ali and others v. The State 2008 SCMR 6 ref. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.---We propose to dispose of Murder Reference No.675 of 2006, sent by the learned trial Court, and Criminal Appeal No.1332 of 2006, preferred by the appellant Muhammad Anwar, by this single judgment, as both these matters have arisen out of the same judgment dated 20-7-2006, passed by the learned Additional Sessions Judge, Faisalabad. 2. Muhammad Anwar appellant along with his co-accused, namely, Muhammad Shafi, Muhammad Sarwar, Monda, Allah Ditta, Abbas, Asghar Ali and Muhammad Yaqoob, was tried in case F.I.R. No.40, dated 5-2-2000, registered at Police Station, Bahlak, in respect of offences under sections, 302, 148, and 149 of P.P.C. After conclusion of the trial, the learned trial Court vide its judgment dated 20-7-2006, convicted and sentenced the appellant as under:-- MUHAMMAD ANWAR Under section 302(b) of P.P.C. to death…

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