Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 364, 148 & 149---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, kidnapping or abducting in order to murder, rioting, common object---Appeal against acquittal---Principles---Reappraisal of evidence---Benefit of doubt---Complainant, who had levelled charges against many members of the same family, had introduced a 'CHIGHA' party, but no one among the said party had been produced as witness for the prosecution---Two witnesses, who were shown the members of 'CHIGHA' party, which were not produced and were abandoned, had created doubt, which would go against the prosecution---No blood stained earth and empties were recovered at the spot---Confessional statement made by accused before Judicial Magistrate, was inculpatory in nature---Prosecution did not produce the Judicial Magistrate for recording his statement in order to prove said confessional statement which caused a blow upon the prosecution case---Co-accused was acquitted by the Trial Court, and of the Trial Court had attained finality, as said of acquittal was neither challenged by accused nor by the State---Co-accused had the same role, and evidence recorded in his case having been disbelieved, of his acquittal, having attained finality, accused also deserved alike treatment---Judgment of the Trial Court was based on correct and lawful appreciation of evidence and visualized no illegality---After earning the acquittal from the Trial Court, double presumption of innocence was acquired by accused---Court sitting in appeal against acquittal, would remain slow in reverting the of acquittal, unless it was found to be arbitrary, fanciful and capricious on the face of it; or was the result of bare misreading or non-reading of any material evidence---No such infirmity had been found in the impugned ---Trial Court had rightly acquitted the accused by extending him benefit of doubt, after proper appraisal of evidence, for which no exception could be taken---Appeal was dismissed, in circum-stances. Sabir Hussain v. State 2014 SCMR 494; Gul Habib v. Zamarud Khan and another 2014 YLR 1136; Muhammad Iqbal and others v. The State and others 2015 YLR 476; Ghulam…

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