Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302 & 452--- Qatl-i-amd, house-trespass after preparation for hurt, assault, wrongful restraint--- Appreciation of evidence---Night-time occurrence was reported by single eye-witness against unknown accused with considerable, inordinate and unexplained delay--- Accused was nominated subsequently on the basis of Wajjtakkar evidence only---Complainant who was also eye-witness did not identify the accused; she nominated the accused on the basis of information given to her by given up witness---Complainant claimed that she was the first cousin of accused and mentioned his features but did not recognize him---Deceased was shot from a close range but no blackening was found around the injury---FIR was registered with a delay of six hours yet accused was not nominated---Delay adversely affected the credibility of prosecution version leading to inference that occurrence was not witnessed by any one--- Witness of Wajjtakkar had been given up by prosecution; adverse inference could be drawn that such witness would not have supported the prosecution witness---Prosecution failed to prove the evidence of Wajjtakkar---No motive was attributed in FIR---Motive attributed by complainant subsequently was not supported by other prosecution witnesses---Recovery of empties was of no value where other pieces of evidence had been disbelieved---Private witness of recovery of pistol was not produced before trial Court---Prosecution failed to discharge its responsibility to prove the charge beyond shadow of doubt---Not many doubts but a single doubt in prudent mind was sufficient to acquit accused---Accused was acquitted. Akhtar Ali and others v. The State 2008 SCMR 6; Nazeer Ahmad v. Gehne Khan 2011 SCMR 1473; Lal Khan v. The State 2006 SCMR 1846; Nasir Jamal and 2 others v. The State 2006 PCr.LJ 557; Mst. Mumtaz and others v. The State 1999 MLD 988; Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231; Azhar Iqbal v. The State 2013 SCMR 383 and Mst. Shamshad v. The State 1998 SCMR 854 rel. JUDGMENT SYED SHAHBAZ ALI RIZVI, J.---This judgment will dispose of above captioned Murder Reference as well as Criminal Appeal filed by Shaukat Hayat…

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