Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Prosecution case was that the complainant visited the deceased at his residence to consult him about a criminal case---Prosecution witnesses were present there and accused-appellant appeared there and deceased accompanied him saying that he will return a while later---Prosecution witnesses suspected a possible foul play, they hurriedly went to the accused-appellant's house and had seen that accused-appellant and his co-accused persons, armed with weapons assaulted on the deceased, who succumbed to injuries---Prosecution witnesses attempted to intervene but were kept at bay under threat---Deceased's departure with the accused-appellant in the middle of a specially arranged consultation meeting without taking the witnesses into confidence with regard to its purpose and reason was not understandable---No logical basis were available as to why the witnesses got concerned so as to follow the deceased, shortly after he left them---Arrival of witnesses at the crime scene in the absence of any information shared by the deceased with them about his detour and that too exactly at a point of time when he came under assault was intriguing---Not believable that four accused, variously armed and hell-bent upon the deceased, would keep the outer door opened to allow a smooth entry by the witnesses to view the crime and then returned unscathed---Role assigned to the accused-appellant was inflicting an incised wound with a dagger on the back of left chest, however, the Investigating Officer recovered pistol and sickle from the accused-appellant---Remainder of the injuries were assigned to the co-accused persons, not only exonerated by the Investigating Officer but acquitted from the charge by the court as well---Evidence disbelieved against majority of the accused attributed heavier roles could not sustain the charge against the accused-appellant, blamed for solitary dagger blow---Circumstances established that prosecution case was fraught with doubts, benefit of which would resolve in favour of accused---Accused-appellant was acquitted by setting aside conviction and sentence…

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