Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-i-amd, common intention, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Unseen occurrence---Complainant/father of the deceased, had not nominated any accused---After registration of FIR and post-mortem of the deceased, Superintendent of Police, disclosed the name of accused who had allegedly committed the murder---Eye-witness, who deposed about place of occurrence, had not seen the accused while firing at the deceased---Prosecution witness, who claimed to have identified accused in Police Station, admitted that he was detained in Police Station for one or two days for interrogation/inquiry and he was not produced in any court of law---Said witness stated that the identification memo, did not contain his signature, date and the signature of other private witnesses of the identification proceedings and admitted that during the identification parade, he was in Police custody---Credibility of the witnesses and their presence at the crime scene, seemed doubtful---Statements of both the said witnesses were contradictory in nature---No corroborative piece of evidence, was available on record, which could connect accused with the commission of the alleged crime---Judgments of both the courts below were the result of non-reading and mis-reading of the prosecution evidence and material on record---Petition for leave to appeal, was converted into appeal and was allowed, conviction and sentence awarded to accused, were set aside---Accused, was acquitted from all the charges by giving him the benefit of doubt. 2010 GBLR 249; 2016 MLD 01; 2016 MLD 1107; PLD 1960 Pesh. 74; 2016 PCr.LJ Note 17 and PLD 2004 Quetta 118 ref. (b) Administration of justice--- ----Principle---Courts of law were bound to administer justice according to law and not according to their moral conviction, however, strong that could be---Crime was to be proved through cogent, tangible and strong evidence. (c) Criminal trial--- ----Benefit of doubt---Principle---Concept of benefit of doubt, was deep rooted---For giving benefit of doubt, it was not necessary that there…

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