Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860) --------- ----------S. 302(b) --------- Qatl-i-amd --------- Appreciation of evidence --------- Benefit of doubt --------- Apparently perfect structure of the case, notwithstanding, prosecution case warranted a careful scrutiny for more than one reason --------- Information shared by prosecution witnesses about the whereabouts of deceased at the time of incident was not palatable and did not reflect an usual conduct; and if such information was to be excluded from consideration; then there was no reason left for the prosecution witnesses to witness the occurrence --------- Arrival of all three prosecution witnesses at the place of occurrence and specially at the time of incident was a coincidence which seldomly occurred --------- Even otherwise in absence of any special circumstance there was no reason for witnesses to set out in search for deceased --------- Narrative precision no matter how impressively articulated, alone could not form basis for conviction on capital charge unless fit in the ambit of probability --------- Recovery did not advance prosecution case as no casings were found from the spot and resultantly no comparison with the gun was possible --------- Motive did not provide structural support to prosecution and therefore there were doubts lurking over the case and such doubts were neither illusory nor imaginary rather rooted in stated position of prosecution --------- Benefit of doubt could not be denied to accused on the ground that he is sole accused in FIR --------- Whether there was a single accused or a group of accused, all were to be adjudged alike on the touchstone of probability and truthfulness --------- Accused was acquitted and appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:----------Criminal Appeal No. 105 of 2007 is clubbed with Crl. Revision No. 79 of 2007 that arises out of an incident which occurred on 4-6-2003 at Maghrab Vela within the area of Mauza Katcha Kot Mithan Sharif situating at a distance of 4 Kilometers from Police Station Kot Mitthan of District Rajanpur wherein Nazir Ahmad, hereinafter referred to as the deceased, was done to death. The…

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