Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302(b), 324 & 34 --------- Qatl-i-amd, attempt to commit qatl-i-amd, common intention --------- Appreciation of evidence --------- Benefit of doubt --------- Report was lodged after more than 6 hours of the occurrence --------- Lodging of report with considerable delay, in the hospital on arrival of the Police, instead of, at the Police Station where the dead body was taken in the first instance, and then brought therefrom to the Hospital had created serious questions about credibility of the FIR --------- Complainant, admittedly was himself a proclaimed offender in a criminal case --------- Version of accused rang true to the extent that the Kalashnikov was snatched by him from the complainant during scuffle, and was voluntarily handed over by him to the Investigating Officer at the time of his arrest --------- Only eye-witness mentioned in the FIR was abandoned by the prosecution --------- Said witness had not only made pointation of the spot to the Investigating Officer, but had also recorded statement under S.164, Cr.P.C., during investigation --------- Wife of complainant, who was not mentioned as eye-witness in the FIR, was produced as an eye-witness, she was an interested witness --------- Doubt had been created about the scene of occurrence --------- Serious discrepancies in the prosecution case had demolished the edifice of the prosecution case, which was replete with doubts --------- Prosecution, must prove its case beyond any shadow of doubt, as benefit of a single doubt, must go to accused --------- Prosecution had not been able to establish its case and bring charge against accused --------- Impugned conviction and sentence of accused recorded by the Trial Court under S.302(b), P.P.C., were set aside and he was set at free. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- This single judgment shall also dispose of Criminal Revision No. 50-A/2010, moved by complainant, Mian Khan, for enhancement of punishment awarded to convict/appellant by the learned Sessions Judge, Battagram, in case FIR No. 22 dated 05.03.2009 under sections 302/324/34, P.P.C. Police Station Shamlai,…

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