Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art.40---Qatl-i-amd, common intention---Appreciation of evidence---Discovery of new facts---Benefit of doubt---All those facts mentioned in the F.I.R. were reproduced in the alleged disclosure of accused---Whatever facts were mentioned in the allegedly recorded disclosure of accused, the Police had previously learnt, when the F.I.R., was registered---Such disclosure, could not be considered discovery of new fact within the meaning of Art.40 of the Qanun-e-Shahadat, 1984---Sole testimony of ocular account furnished by prosecution witness, having already been discarded qua the involvement of accused in the crime, abscondence of accused, which was a corroborative piece of evidence, could not be taken into consideration in isolation---Misreading of evidence, in the case, had occasioned failure in the correct appraisal of evidence on record---Prosecution, having failed to prove case against accused beyond any reasonable doubt, benefit of doubt was extended in favour of accused---Accused was acquitted of the charge and was released, in circumstances. Hassan v. State 1969 SCMR 455; Hassan Din v. Muhammad Mushtaq 1978 SCMR 49; Ghulam Haider v. Muhammad Nadeem Sajid 2006 SCMR 1251; Mst. Askar Jan v. Muhammad Daud 2010 SCMR 1604 and Rohtas Khan v. The State 2010 SCMR 566 ref. JUDGMENT MUHAMMAD EJAZ SWATI, J.---Through this Criminal Jail Appeal, the appellant Imdad Ali son of Qurban Ali has challenged the validity of the judgment dated 28th March, 2013 (hereinafter the "impugned Judgment") passed by the learned Sessions Judge, Quetta (hereinafter the "trial Court"), whereby the appellant was convicted under section 302 (b) Qisas and Diyat Ordinance (PPC) read with section 34, P.P.C. and sentenced to suffer R.I. for life as Ta'zir and compensation of Rs.300,000 (Three hundred thousand), to be paid to the legal heirs of deceased Faqir Muhammad or in default whereof to further suffer imprisonment for two years. Benefit of section 382-B, Cr.P.C. was also extended in favour of the appellant. 2. The facts of the case are that on the Fard-e-Bayan of complainant Asadullah an F.I.R. No. 122 of…

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