Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---FIR was promptly lodged---Accused was not attributed any specific firearm injury on the person of the deceased, and the role of accused was exactly the same as that of acquitted co-accused---No corroboration to the extent of role allegedly played by accused was available to the prosecution from the medical evidence---Ocular account found no corroboration by the motive to the extent of accused---Ocular account furnished by the complainant and prosecution witness, could not get any corroboration from the alleged recovery of gun at the instance of accused and report of Forensic Science Laboratory---If medical evidence, motive and recovery evidence was excluded from consideration, then no other evidence was available which could provide any support/corroboration to the ocular account furnished by the complainant and prosecution witness to maintain conviction and sentence of accused on the capital charge---Prosecution having failed to prove its case against accused beyond any shadow of doubt, conviction and sentence awarded to accused through impugned of Trial Court, was set aside and accused was acquitted from the charge extending him the benefit of doubt. (b) Criminal trial--- ----Evidence---If evidence of the same witness had been disbelieved to the extent of one set of accused persons, then same could only be believed against the other set of accused persons, if the same was corroborated by any independent piece of evidence. Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11; Iftikhar Hussain and others v. The State 2004 SCMR 1185; Ghulam Mustafa and others v. The State 2009 SCMR 916 and Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327 rel. (c) Criminal trial--- ----Conviction---Benefit of doubt---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. Ayub Masih v. The State PLD 2002 SC 1048 rel. JUDGMENT MANZOOR AHMAD MALIK, J.---This judgment shall decide Criminal Appeal No.50-J/09 (Rashid Masih v. The State) and…