Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 392---Qatl-e-amd, robbery---Appreciation of evidence---Benefit of doubt---Complainant while appearing before the Trial Court, had changed his version---Discrepancies existed between the F.I.R. and the statement of the complainant before the Trial Court---Conduct of both prosecution witnesses was highly improbable as they did not inform the Police, the complainant or anybody else about the incident on the day of occurrence, nor did they participate in the funeral ceremony of deceased---Reliance on the statements of such prosecution witnesses, in circumstances was not safe---Recoveries of pistols .30 bore at the instance of accused persons, were inconsequential as though two empties of pistol, were taken into possession from the place of occurrence, but same were not sent to Forensic Science Laboratory; and report of Forensic Science Laboratory, was simply to the effect that the pistols were in working order---F.I.R. did not mention that deceased was carrying any currency with him when he left the house---Both the witnesses of ocular account in the examination-in-chief stated before the Trial Court that co-accused took out the currency from the pocket of shalwar of deceased---Recovery of cash was not helpful for the prosecution in circumstances---Case of prosecution was that the deceased at the time of his murder was riding on motorcycle and that said motorcycle was also missing and was not recovered at the instance of accused persons---Prosecution case being doubtful in nature, accused was entitled to the benefit of doubt, not as a matter of grace, but as a matter of right---Appeals of accused persons were allowed, their conviction and sentence awarded by the Trial Court, were set aside and they were acquitted of the charges levelled against them while extending them benefit of doubt, and were released. Ayub Masih v. The State PLD 2002 SC 1048 rel. (b) Penal Code (XLV of 1860)--- ----Ss.302(b) & 392---Qatl-e-amd, robbery--Medical evidence--- Nature--- Medical evidence was only a supporting piece of evidence because it could confirm the ocular evidence with regard to the receipt of the injury, locale of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492