Case Details

Citation(s)
2016 SLG 1591 2016 SLD 1591 2016 PLJ 313

Crl. Appeal No. 96 of 2008, heard on 6.7.2015. Date of hearing: 6.7.2015.
ASLAM, JAVED MINHAS, J.
Ch. Khalid Mehmood Arain, Advocate for Appellant. Ch. Saleem Akhtar Warraich, Advocatea for Complainant. Ch. Muhammad Akbar, DPG for State.

ABDUL REHMAN---Appellant

VS

STATE, etc.--Respondents

Law:

Section:

Benefit of doubt-- ----Proposition of law--It is by now an established proposition of law that even a single reasonable doubt is sufficient to extend benefit of doubt to accused. 1995 SCMR 1345, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Golden Rule--Court has been pleased to hold that rule of benefit of doubt, which is described as golden rule, is essentially a rule of prudence which cannot be ignored while dispensing justice in accordance with law. PLD 2002 SC 1048, ref. JUDGMENT The appellant, Abdul Rehman along with acquitted co-accused namely, Abdul Hamid, Allah Ditta and Amjad Ali was tried by the learned Additional Sessions Judge, Mian Channu, District Khanewal in a case FIR No. 53/2004 dated 12.03.2004 registered at Police Station Chub Kalan and vide judgment dated 08.05.2008 he was convicted under Section 302(b), PPC for committing Qatl-e-Amd of Muhammad Nawaz and sentenced to life imprisonment with a compensation of Rs. 100,000/- to be paid to the legal heirs of the deceased, in default of which to further undergo six months SI. Benefit of Section 382-B, Cr.P.C. was also extended to the accused. 2. The relevant facts for the disposal of this appeal as per complaint Ex.PB are that during the night of 12.03.2004 Bashir Ahmad, complainant/PW-2 along with his wife Musarat Bibi and children went to sleep on the cots outside room of their house. His brother Muhammad Nawaz along with his wife Kishwar Sultana also went to sleep on the costs underneath the trees. At about 1 a.m. the wife of complainant suddenly woke up on a noise and saw one person armed with pistol .12-bore who could not be identified due to darkness standing there. Wife of the complainant raised alarm on which complainant and his brother woke up. Muhammad Nawaz picked up a kassi and went to the person armed with pistol with the intention to attack said person on which the armed person fired with his pistol upon Muhammad Nawaz hitting on his chest and right shoulder. On hearing the fire shot three persons also came out of the room of his brother Muhammad Nawaz and then all the four accused persons fled away in the…
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