Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Unexplained delay in registration of FIR---Both the accused were convicted by Trial Court and sentenced to death---Validity---FIR was lodged with an unexplained delay of about six hours from time of occurrence at midnight which delay had cast doubt in prosecution story and affect adversely to prosecution---Delay had great significance and it could be attributed to consultation, taking instructions and calculatedly preparing report keeping names of accused open for roping in such persons whom ultimately prosecution could wish to implicate---Prosecution failed to bring home guilt of accused persons to the hilt and Trial Court was not justified in convicting them while basing upon untrustworthy/uncorroborated evidence deposed by interested witnesses which even otherwise was full of material contradictions---High Court extended salutary principle of benefit of doubt in favour of accused persons, their conviction and sentence was set aside and they were acquitted of the charge---Appeal was allowed in circumstances. Mehmood Ahmad and 3 others v. The State and another 1995 SCMR 127 and Irshad Ahmed v. The State 2011 SCMR 1190 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Witness---Credibility---Principle---Mere fact that a witness is closely related to accused or deceased or he is not related to either party, is not the sole criteria to judge his independence or to accept or reject his testimony---True test is whether evidence of witness is probable and consistent with circumstances of case or not. (c) Criminal trial--- ----Medical evidence---Scope---Medical evidence may confirm ocular evidence with regard to seat of injury, nature of injury, kind of weapon used in occurrence but it does not connect accused with commission of crime. Altaf Hussain and others v. Fakhar Hussain and others 2008 SCMR 1103 rel. JUDGMENT SADAQAT ALI KHAN, J.---This single judgment shall dispose of Criminal Appeal No. 65 of 2011 filed by Muhammad Aslam and Gulzar Ahmed present appellants and Murder Reference No.5 of 2011 sent by the…

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