Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 147, 148, 302 & 114---Criminal Procedure Code (V of 1898), Ss. 417 & 103---Qatl-i-amd---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Recovery of hatchets---No independent witness---Preparation of memos of injuries---No independent witness of the locality was associated by the police for recovery of hatchet which was shown to have been recovered from the house of the accused persons---Mashirs of recovery were the son, brother of deceased and complainant respectively---Recovery of hatchet was not rightly taken into consideration by the Court---Prosecution witness in the cross-examination deposed that memo of injuries was prepared after 10/12-days of the incident although the injuries were seen by police on the day of incident which also made the case of prosecution as doubtful---Trial Court rightly acquitted the accused by extending them the benefit of doubt. Muhammad Afzal v. The State 1983 SCMR 1; Yar Muhammad v. The State 1992 SCMR 96 and Mangio v. The State 1976 PCr.LJ 243 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 410 & 417---Appeal against conviction and appeal against acquittal---Presumption of innocence of accused--- Interference in of acquittal--- Scope---Considerations for interference in an appeal against acquittal and in an appeal against conviction were altogether different; in former an accused was presumed to be innocent and after his acquittal in trial or appeal he earned a double presumption of innocence i.e. first at pre-trial stage and second on the basis of of acquittal by the court of competent jurisdiction; heavy burden lies on the prosecution to rebut the said presumption and of acquittal can only be interfered with if it is found on the face of it as perverse, arbitrary, suffering from error of jurisdiction, mis-reading or non-reading of evidence and capricious or speculative. Muhammad Tasweer v. Hafiz Zulkarnain PLD 2009 SC 53; Muhammad Iqbal v. Abid Hussain 1994 SCMR 1928; Muhammad Minzha Kausar v. Muhammad Asghar 2003 SCMR 477 and Paio Khan v. Sher Biaz 2009 SCMR 803 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 147, 148, 302 & 114---Criminal…

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