Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302 (b) --------- Qatl-i-amd --------- Appreciation of evidence --------- Benefit of doubt --------- First information report was recorded with delay which could not be used against the accused as a corroborative piece of evidence --------- Prosecution witnesses had not attributed any motive to the accused to commit the alleged offence --------- Prosecution had not been able to prove its case against the accused beyond shadow of doubt --------- Conviction and sentence recorded by the Trial Court could not be sustained which were set aside while extending benefit of doubt --------- Accused was acquitted of the charge and sureties were discharged --------- Appeal was allowed in circumstances. Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: AALIA NEELUM, JUSTICE:---------- The appellant-Abaid-ullah son of Bashir Ahmad, Caste Rajput, R/o Street No. 9, Nigahban Pura, Faisalabad, who along with co-accused Sarfraz alias Kaloo (since acquitted), being involved in case FIR No. 800-2006, dated 21.08.2006, offence under Sections 302, 34, P.P.C., registered at Police Station, Sargodha Road, District, Faisalabad and was tried by Mr. Muhammad Saeed Ullah Mughal, learned Additional Sessions Judge, Faisalabad. The learned trial court seized with the matter in terms of judgment dated 12.05.2007 while convicting the accused-appellant under Section 302(b), P.P.C and sentenced him to life imprisonment with the direction to pay Rs.1,00,000/- as compensation to the legal heirs of the deceased and in case of default thereof, further undergo six months' S.I. The benefit of section 382-B, Cr.P.C. was also extended in favour of appellant. 2. Feeling aggrieved by the judgment of the learned trial court, the appellant has assailed the same through filing Crl. Appeal No. 799 of 2007. 3. The prosecution story as narrated in the FIR (Exh.PF/1) lodged on the complaint (Exh.PF) of Muhammad Riaz (PW-9) is that on 20.08.2006, at night time, Muhammad Aamar Irshad (since died), behnoi of complainant came to see him and at that time, brother of complainant namely Anwaar Elahi and Jamil Sher, cousin of complainant were…

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