Law:

Section:

Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Chance and related witnesses---Both the eye-witnesses produced by the prosecution were not only very closely related to the deceased but were also chance witnesses---Both the said eye-witnesses had completely failed to establish any reason for their presence at the scene of the crime at the relevant time---Said witnesses had failed to receive any independent corroboration inasmuch as no independent proof of the motive set up by the prosecution had been brought on the record of the case---Although report of the Forensic Science Laboratory revealed that firearm recovered from the accused's custody matched with a crime-empty secured from the place of occurrence yet the investigating officer had clearly acknowledged before the Trial Court that the crime-empty had been sent to the Forensic Science Laboratory on the day when a carbine had been recovered from the custody of the accused---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Conviction and sentence of the accused were set aside accordingly and he was acquitted of the charge by extending him benefit of doubt. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:----------------- Criminal Miscellaneous Application No. 758 of 2010 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Appeal No. 383 of 2010 is condoned. Disposed of. Criminal Appeal No. 383 of 2010 2. Muhammad Javed appellant had allegedly murdered one Faiz Ullah at about 08.30 A.M. on 05.05.2003 in Chak No. 60 Shumali, Jaffarabad in the area of Police Station Jhal Chakian, District Sargodha and for the said murder he was convicted by the trial court for an offence under section 302(b), P.P.C. and was sentenced to death and to pay compensation but on appeal the sentence of death passed against the appellant was reduced by the High Court to imprisonment for life. Hence, the present appeal by leave of this Court granted on 14.09.2010. 3. Leave to appeal had been granted in this case in order to reappraise the evidence and with the assistance of…

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