Law:

Section:

(a) Criminal trial--- ----Registration of FIR after preliminary investigation---Effect---When report is lodged after preliminary investigation, then conclusion is that occurrence has not take place in the manner and style as stated by eye-witnesses. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Medical and ocular evidence---Contradiction---Effect---Both the accused were convicted by Trial Court and were sentenced to imprisonment for life---Validity---Prosecution alleged that both the accused made indiscriminate firing at deceased while Medical Officer found single firearm injury on the person of deceased and not a single empty was recovered from the spot---In absence of empties from the spot, responsibility of murder of deceased could not be saddled on any of the two accused---Prosecution failed to prove guilt against accused beyond any shadow of doubt, therefore, their conviction could be maintained---High Court extended benefit of doubt to both the accused persons and acquitted them of the charge---Appeal was allowed accordingly. Barkat Ali's case 2007 SCMR 1812 and Abdul Subhan's case PLD 1994 SC 178 ref. (c) Penal Code (XLV of 1860)--- ----S.302---Murder---Medical evidence---Scope---Medical evidence could show that deceased died due to firearm injury but could not connect accused with crime. (d) Criminal trial--- ----Evidence---Corroboration---Scope---Corroborative piece of evidence is meant to test the veracity of ocular evidence---Both corroborative and ocular testimonies are to be read together and not in isolation. Noor Muhammad v. The State 2010 SCMR 97 rel. (e) Criminal trial--- ----Conviction---Principle---Conviction must be based on unimpeachable evidence with certainty of guilt and any doubt arising in prosecution case must be resolved in favour of accused. Muhammad Khan and another v. The State 1999 SCMR 1220 rel. (f) Administration of justice-- ----To err in acquittal is better than to err in conviction. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Appellants Darwaiz Khan and Saifullah filed this criminal appeal against the judgment dated 9-12-2011 passed by learned Additional Sessions…

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