Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 365-A, 201, 109 & 34--- Qatl-i-amd, kidnapping for ransom, causing disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Benefit of doubt---Contradictions were floating in the statements of prosecution witnesses, with regard to; arrest of accused; recovery of dead body; confession of accused; identification of accused and recovery of weapon of offence, etc.---Deceased was murdered inside the house, but none of the inmates heard firing or noticed the digging of the soil---Post-mortem report did not corroborate the prosecution version on the point of time of death of the deceased---Recovery of some articles in the shape of gentri, spades, sticks and stone, was not helpful to the prosecution as those items were normally available in the house---Place of occurrence, was visited by various Police Officials right from the day of occurrence, but neither the Police nor the complainant party noticed such articles, though were lying openly in the court yard of the Hujra of the complainant---No blood was detected, either on the stone or the stick recovery from said Hujra, where the occurrence took place---Prosecution case was full of contradictions, and the manner and mode of the occurrence, as alleged by the prosecution, was highly doubtful and evidence produced in support of the case was not confidence inspiring---Confessional statement which was recorded on the sixth day of arrest of accused, had undermine its credibility and cast doubt---No evidence was adduced to the effect that crime weapons were stained with human blood---Mere securing of weapon at instance of accused was not a circumstance against him---Prosecution had failed to prove its case against accused beyond any shadow of doubt---Impugned was set aside and accused was acquitted of the charges, by extending him benefit of doubt, and he was released, in circumstances. The State v. Kalab Ali and 2 others 2010 GBLR 256; Asif Zaheer and another v. State 2010 YLR 3191; Patoo and another v. The State 2012 MLD 1358; Mah Gul v. State 2009 SCMR 4 and Muhaiyimad Jamail v. The State 2010 MLD 1586 rel. (b) Criminal Procedure Code…

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