Law: Pakistan Penal Code, 1860

Section: 302(c)

Penal Code (XLV of 1860)--- ----S. 302(c)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused persons were sentenced to fourteen years R.I., along with fine and payment of 'Diyat' amount---Names of accused persons were mentioned in F.I.R., which was highly doubtful, specially in respect of time of its registration---No reason was shown for not recording F.I.R. straightaway in the relevant register in presence of complainant---Inquest report, did not carry the number of F.I.R., name of the complainant, names of the witnesses and even the time of occurrence---Brief facts of the case were also not mentioned therein---Contradictions were noted in the statements of prosecution witnesses---All such facts had made the F.I.R., the statement of the complainant, and the prosecution story highly doubtful---Eye-witness account being doubtful, no inference, could be taken from the statement of the witnesses, unless, each part of the statements, was corroborated with some other reliable material---Motive was not proved, and nothing was taken away by accused during the occurrence---Three crime empties recovered from the place of occurrence, were sealed into parcel, and later on pistol was also recovered from one of accused persons; but no report of Firearm Expert was available was to indicate that empties were fired from the pistol so recovered; or that said pistol was in working condition---Recovery of pistol, in circumstances, did not provide any strength to the prosecution case---Prosecution remained unable to single out the accused as responsible for murder through reliable and admissible evidence---Prosecution having remained unable to establish guilt of accused beyond reasonable doubt, conviction and sentence awarded to accused persons, were set aside extending them benefit of doubt---Accused were acquitted of the charges against them, and were released, in circumstances. PLD 2002 SC 108; 1995 SCMR 1345; Ata Muhammad and another v. The State 1995 SCMR 599; Tariq Pervez v. The State 1995 SCMR 1345; Amin Ali and another v. The State 2011 SCMR 323 and Muhammad Aslam and 5 others v. The State 1972 SCMR 194 ref. JUDGMENT SH. NAJAM UL HASAN, J.---Sahib Khan,…

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