Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon and unlawful assembly---Appreciation of evidence---Benefit of doubt---Post mortem examination was conducted after about eleven hours of registration of case---Possibility that occurrence remained un-witnessed and intervening time was consumed by the complainant party and the police in consultation, could not be ruled out---Time mentioned in the crime report had become doubtful in circumstance---Prosecution was bound to prove its case by standing on its own legs---Prosecution had failed to prove its case against the accused---Prosecution was not supposed to get any benefit of the weakness or dents in the case of defence---Conviction of accused could not be based solely upon the defence version taken by him in his statement recorded under S. 342, Cr.P.C. which could only provide corroboration to otherwise convincing and plausible prosecution evidence---Prosecution and defence had deliberately suppressed the real facts and circumstances of the occurrence which remained veiled throughout---Present case was stuffed with circumstances which had created doubts about the prosecution story---Benefit of doubt had to be extended to the accused---Conviction and sentence recorded by the Trial Court were set aside and accused was acquitted of the charge by extending him benefit of doubt---Accused was ordered to be released forthwith if not required in any other case---Appeal was allowed. Muhammad Riaz v. The State 2009 PCr.LJ 1022; Irshad Ahmad v. The State 2011 SCMR 1190; Azhar Iqbal v. The State 2013 SCMR 383; Tariq Pervez v. The State 1995 SCMR 1345; Ayub Masih v. The State PLD 2002 SC 1048 and Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, J.- This judgment shall dispose of Criminal Appeal No. 1068 of 2011 titled as Ghulam Mustafa v. The State filed by the appellant against his conviction and sentence and Murder Reference No. 281 of 2011 titled as The State v. Ghulam Mustafa sent by the learned trial court for confirmation or otherwise of sentence of death awarded to Ghulam Mustafa (convict), under Section 374 of the…

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