Law: Criminal Procedure Code (V of 1898)

Section: 382-B,410

Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b),324

Criminal Procedure Court, 1898 (V of 1898) ----S. 410--Pakistan Penal Code, (XLV of 1860), Ss. 302(b)/324/148/149--Convicted U/s 302(b) and sentenced to life imprisonment with compensation--Challenge to--Appreciation of evidence--Benefit of doubt--Acquittal of--As per complaint, occurrence took place at about 5.40 p.m. whereas complaint was got lodged at about 7.00 p.m.--FIR was chalked out at 07.20 p.m.-Post mortem report shows occurrence of death at 5.30 p.m. whereas dead body was received in dead house at 6.00 p.m. and documents from police were received by Doctor at 06.30 p.m. whereas autopsy was conducted at 6.45 p.m.--Neither learned Prosecutor for state nor learned counsel for complainant are in a position to give any explanation that how prior to reporting matter to police and registration of police papers were prepared and handed over to Doctor and even post mortem examination was conducted and completed--Further held : Fact is a clear sign that after autopsy whole of proceedings including drafting complaint, registration of FIR and preparation of other documents were concocted which had made alleged prosecution story and charge against appellant highly doubtful--Held : It is well settled principle of law that even a single doubt in prosecution story makes an accused entitled for due benefit of acquittal not as a matter of grace or concession but as of right--Appeal accepted and conviction was set aside. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, J.- This appeal is directed, against the judgment dated 28.04.2016, passed by the learned Sessions Judge, Attock, whereby in case FIR No.431, dated 26.11.2012, registered under Sections 302/324/148/149, PPC, at Police Station Saddar Attock, District Attock, Nadeem Akhtar (hereinafter referred to as the appellant), was convicted under Section 302(b), PPC and sentenced to imprisonment for life, alongwhith compensation of Rs.2,00,000/-, payable to legal heirs of deceased, failing which to further undergo S.I. for six months, with benefit to Section 382-B, Cr.PC, whereas his co-accused, namely, Mumtaz, Mst. Bushran and Tauqeer Ahmad, were acquitted of the charge. 2. The precise charge, against the…

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