Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Supplementary statement---Increasing number of accused---Test identification parade, non-holding of---Medical evidence---Trial Court convicted all three accused persons out of them one was sentenced to death while remaining two were awarded imprisonment for life---Validity---Two persons were named in the F.I.R. as assailants but in supplementary statement, while increasing number of accused, three persons were nominated---Increase of number of assailants in supplementary statement by itself was sufficient to suggest that either occurrence did not happen in the stated manner and fashion or complainant and witnesses did not see the occurrence---Occurrence was committed by unknown persons, therefore, holding of identification test was essential but no such identification test was held---Medical evidence was also banked upon and the same did not provide corroboration because according to contents of F.I.R. only one shot was fired by one boy but post mortem report suggested three injuries out of which two were entry wounds and one was exit wound---F.I.R. was silent as to how second entry wound was sustained by deceased on medial aspect of left elbow---Prosecution failed to produce convincing, corroborative and confidence inspiring evidence to prove guilt of both the accused beyond shadow of doubt and as such benefit of doubt was to be extended not as matter of grace and concession but as a matter of right---High Court extended benefit of doubt to both accused and set aside conviction and sentence awarded by Trial Court and they were acquitted of the charge---Appeal was allowed in circumstances. Falak Sher alias Sheru v. The State 1995 SCMR 1350; Noor Muhammad v. The State 2008 SCMR 1556; Anees-ur-Rehman and another v. The State PLD 2002 Lah. 110; Muhammad Ashraf v. The State 2000 MLD 1625; Farman Ali v. The State 1997 SCMR 971 and State through Advocate-General, Sindh Karachi v. Farman Hussain and others PLD 1995 SC 1 ref. (b) Criminal trial--- ----Extra-judicial confession---Reliance for conviction---Principle---Three fold test is to be satisfied in order to use…

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