Law: Pakistan Penal Code, 1860

Section: 148,149,302(b),337,380,379,457,506-B

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 379, 148 & 149---Qatl-e-amd, theft, rioting, common object---Appreciation of evidence---Benefit of doubt---Delay of 1-1/2 hours in lodging F.I.R., was not plausibly explained, which had created serious doubt regarding the truthfulness of prosecution story, especially when five nominated co-accused had been acquitted---Said delay was result of consultation, deliberation for roping the innocent persons in the case---Prosecution witness having not seen the occurrence, his credibility, had become doubtful---Prosecution witness, who claimed to be eye-witness, did not make locale of injury, and simply stated that accused made a fire, and did not state that whether fire of accused hit the deceased or not---Conflict between ocular and medical evidence, was not ignorable---Presence of prosecution witness at the spot at the relevant time, became doubtful---Motive was not proved against accused---Criminal litigation between complainant party and family of accused was admitted---Alleged recovery of pistol from accused was legally inconsequential as no crime empty had been recovered from the place of occurrence---Pistol allegedly recovered from the possession of accused could not be connected with the alleged crime---Prosecution having failed to bring home guilt of accused to the hilt; Trial Court was not justified in convicting accused while basing upon untrustworthy/ uncorroborated evidence deposed by interested witnesses, which even otherwise were full of material contradictions, especially unreliable story deposed by prosecution witnesses---Accused was acquitted of the charge, extending him benefit of doubt---Accused was directed to be released, in circumstances. Mehmood Ahmed and 3 others v. The State and another 1995 SCMR 127 rel. (b) Criminal trial--- ----Evidence---Improvements in prosecution evidence---Improvements, once found deliberate and dishonest, would cast serious doubts on the veracity of the witness. Akthar Ali and others v. The State 2008 SCMR 6 ref. (c) Criminal trial--- ----Motive---Scope---Motive was double edge weapon in criminal case, as it could cut both ways. THIS JUDGMENT DELIVERED BY: SADAQAT…

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