Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302 & 109---Qatl-i-amd, abetment---Appreciation of evidence---Benefit of doubt---Principles---Accused was a Halqa Patwari and was charged with abetting the main accused by informing said main accused through mobile phone about arrival and presence of the deceased to the office of accused and sentenced to imprisonment for life with payment of compensation---No documentary proof of telephonic calls had been placed on record---Investigating Officer did not take into possession the mobile phone or the sim card of the accused---Accused did not make call to main accused during stay of complainant and deceased in his office but made a call to main accused---Single circumstance causing reasonable doubt in the mind of the court entitled the accused to the benefit of doubt not as a matter of grace but as a matter of right---Accused must always be presumed to be innocent---Onus to prove guilt was on prosecution---Proof of a case against accused must depend not upon the absence or want of explanation on the part of the accused but upon the positive and affirmative evidence of guilt led by prosecution to substantiate the accusation---Where facts had been proved and no hypothesis consistent with the innocence of accused could be suggested, conviction must be upheld, however, where facts could be reconciled with any reasonable hypothesis compatible with the innocence of the accused, case had to be treated as one of 'no evidence' and conviction and sentence had to be quashed---Prosecution had failed to prove its case beyond reasonable doubt---Accused was acquitted. Rehmatullah v. The State 2006 PCr.LJ 358; Hafiz Tanveer v. The State and another PLD 2010 Lah. 156; Akhtar Ali and others v. The State 2008 SCMR 6 and Mudassar Shahzad v. The State 2004 PCr.LJ 332 ref. Muhammad Akram v. The State 2009 SCMR 230 and Muhammad Luqman v. The State PLD 1970 SC 10 rel. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.---This judgment will dispose of Criminal Appeal No.844 of 2013 filed by Muzaffar Hussain convict/appellant, who was convicted by the learned Additional Sessions Judge, Ferozewala vide judgment dated 19-6-2013 and sentenced as under:-- Under…

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