Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay in registration of FIR---Trial Court convicted accused persons and sentenced them to imprisonment for life---Validity---Prosecution failed to explain delay of three hours in lodging of report by complainant, in convincing and reliable manner---Presence of prosecution witnesses at crime spot was doubtful and report of crime weapons attributed to accused was in negative as its recovery from accused persons was not proved---Opinion of medical officer that death of deceased might have caused at 4-30 p.m., as against alleged time of occurrence as 5-30 p.m., hence medical version negated prosecution version---Recoveries effected from the spot was doubtful and circumstantial evidence also did not tag accused persons with alleged crime---To prove guilt of accused, prosecution evidence must come from unimpeachable source---Trial Court convicted accused persons and sentenced them on cryptic and inconsistent evidence, which was not sustainable in law---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted them of charges levelled against them---Appeal was allowed in circumstances. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---The appellants Arshid and Sajjad stood trial in case FIR No.737 dated 28-9-2009 under section 302(b), P.P.C. Police Station Lahor and after having been found guilty by learned Additional Sessions Judge, Lahor District Swabi vide judgment dated 10-7-2010, they were convicted and sentenced to life term imprisonment with a fine of Rs.2,00,000 each as compensation to the legal heirs of the deceased and in default thereof they shall undergo six months' SI, however, benefit of section 382-B, Cr.P.C. was extended. 2. The complainant Shaman-ud-Din while reporting the matter to the Incharge of Police Post Jehangira alleged that on the eventful day at the relevant time his son Mulki Aman took tea to the Hujra of his co-villager, namely, Kaar Khan and on return when he reached to the crime spot, the appellants came out from their house and started firing at his son with the intention to kill with which he got hit and died…

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