Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Complainant and other eye-witness were not residents of the village where incident took place, but of other village and could not assign any plausible reason for their being present at the spot at relevant time---Deceased had four children aging between 4 years to 17/18 years, but none of them was cited as a witness in the case; nothing was on record to show that they were not present in the house at the relevant time---Children of the deceased though were minors, but they were natural and competent witnesses of the occurrence---Husband of the deceased who was most natural witness of the occurrence, was not produced by the prosecution as witness, despite the fact that he was present there---Post-mortem examination on the dead body of the deceased was conducted with delay of 11 hours from the occurrence---Said delay was suggestive of the fact that the eye-witnesses were not present at the spot at the time of occurrence; and delay in the post mortem examination of the deceased was used by the prosecution in concocting a false story; and procuring false witnesses of the prosecution---Motive as alleged by the prosecution had not been proved in the case---Recovery of pistol and positive report of Forensic Science Laboratory, were the corroborative piece of evidence, and were relevant only if the primary evidence i.e. ocular account was confidence inspiring---Since primary evidence i.e. ocular account furnished by prosecution witnesses, was not believed, said pieces of evidence were not helpful to the prosecution---Prosecution having failed to prove its case against accused beyond the shadow of doubt, conviction and sentence of accused were set aside, he was acquitted of the charge by extending him the benefit of doubt and was released, in circumstances. Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327; Riaz Ahmad v. The State 2010 SCMR 846; Irshad Ahmed v. The State 2011 SCMR 1190; Muhammad Ashraf v. The State 2012 SCMR 419; Muhammad Tasaweer v. Hafiz Zulkarnain and 2 others PLD 2009 SC 53 and Mursal Kazmi alias Qamar Shah v. The State 2009 SCMR…

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