Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 103,340(2),544A

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Eye-witnesses, presence of---Proof---Benefit of doubt---Four accused persons were sent to face trial and out of them, one was convicted and sentenced to death while remaining three were acquitted of charge---Validity---Injured was brought to hospital by police and names of any of eye-witnesses did not find mention in medico-legal examination certificate---If eye-witnesses were present their names would have found mention in medico-legal examination certificate---Men might lie but documents did not and statements made by such eye-witnesses failed to receive any independent corroboration or support and they failed to prove their presence on spot at time of occurrence---No report of Forensic Science Agency, chemical examiner or serologist were produced by prosecution to reveal that there was human blood identified on weapon of offence (sota)---Even witnesses to recovery of weapon of offence (sota) from accused did not state that same was stained with blood---High Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of charge---Appeal was allowed in circumstances. Muhammad Rafiq v. State 2014 SCMR 1698; Nasrullah alias Nasro v. The State 2017 SCMR 724 and Nadeem alias Nanha alias Billa Sher v. The State 2010 SCMR 949 ref. Imtiaz alias Taj v. The State 2018 SCMR 344; Muhammad Ismail and others v. The State 2017 SCMR 898; Muhammad Javed v. The State 2016 SCMR 2021; Muhammad Mansha v. The State 2018 SCMR 772 and Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: SADIQ MAHMUD KHURRAM, J.--- The appellant namely Karim Dad son of Noor Ahmad was tried along with co-accused namely Khawaja Bakhsh, Javed and Jazik (all since acquitted) by the learned Sessions Judge Rajanpur, in case FIR No. 181 of 2010 dated 01.06.2010 registered at Police Station Dajal, District Rajanpur, in respect of offences under sections 302, 34, P.P.C. for committing the Qatl-i-amd of Ikhtiar Ahmad (deceased). The learned trial court vide judgment dated 10.12.2012 convicted Karim Dad son of Noor Ahmad (convict) and sentenced him as infra: Karim Dad son…

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