Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-e-amd---Appreciation of evidence---Mere relationship of deceased with witness would not be sufficient to discard testimony of such witnesses, especially in the absence of any malice or ill-will against accused persons---Statements of eye-witnesses were consistent and they remained unshaken in the face of lengthy cross-examination---Occurrence happened in broad daylight and parties were known to each other so question of mistaken identity could not arise---Witnesses, being real brother of deceased, was not likely to let off real culprits and implicate someone else falsely---Prosecution story might not have been supported by independent witnesses as strangers hesitated to give testimony in order to avoid enmity and accused persons inflicting danda blows to deceased had been mentioned in FIR---Medical evidence corroborated ocular account---Co-accused being brother of main accused might have been involved falsely due to trend in society to entangle maximum persons of rivals---Alleged knee injury on the body of deceased could not be found in medical examination---Deceased might have suffered abrasion as he fell on the ground; co-accused did not repeat blow so recovery of blood-stained danda could not be believed against such co-accused who was acquitted while giving him benefit of doubt---Conviction and sentences of main accused who inflicted danda blows on the head of deceased were upheld. Muhammad Mansha v. The State 2001 SCMR 199; Samano v. State 1973 SCMR 162 and Riaz Hussain v. The State 2001 SCMR 177 rel. (b) Criminal trial--- ----Benefit of doubt---Single circumstance creating doubt was sufficient for acquittal of accused---Benefit of doubt must go to accused not as a matter of grace but of right. Muhammad Akram v. The State 2009 SCMR 230 rel. JUDGMENT ABDUL SAMI KHAN, J.---Through this Appeal under section 410, Cr.P.C. Saed Rasool, Ulfat Rasool, Sibt-e-Rasool and Abdul Qayyum appellants have called in question the judgment dated 30-6-2009 handed down by the learned Additional Sessions Judge, Gujar Khan, District Rawalpindi wherein the appellants were convicted under section 302(b), P.P.C. for…

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