Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 302(b) & 324---Qatl-e-amd, attempt to commit qatl-e-amd---Appreciation of evidence---Benefit of doubt---Statement of prosecution witness, on whose sole testimony the conviction was awarded to accused by the Trial Court, was recorded on the next day of the incident---Deposition of said witness was contrary to his statement recorded under S.161, Cr.P.C.---General type of allegations were levelled such as causing indiscriminate firing upon the deceased and injured persons---Complainant, who was eye-witness had not been examined and no plausible explanation was given for that---Medical evidence had reflected that injuries to the prosecution witness, were caused by fire arm, but no bullets were recovered from the body, or any empty or weapon from accused---Trial Court, could not judge credibility and demeanour of the witness in view of the principle that every person was presumed to be innocent, unless proved guilty---On reappraisal of sole testimony of injured, without any corroboration, a different view could be drawn with regard to manifest wrong, perversity or uncalled conclusion from facts provided on record, as material evidence had been misread blatantly to an extent that miscarriage of justice had occasioned---Remaining injured persons and complainant did not implicate accused in commission of offence---On same reason and ground co-accused had been acquitted by the Trial Court---No motive of commission of offence---Serious illegalities had been committed by the Trial Court while recording conviction of accused---Accused had served almost more than half of awarded sentence---Solitary evidence of prosecution witness creating doubt in prudent mind, was not sufficient for recording conviction---In the present case, sufficient circumstances were available which had created doubt upon the prosecution case---Conviction could not be recorded, merely on probabilities and prosecution had to prove its case beyond any shadow of doubt, which the prosecution had failed---Conviction and sentence awarded to accused by the Trial Court, were set aside, in circumstances. Noor Zaman v. Abdul Latif and another 2012 PCr.LJ 569; Muhammad Din…

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