Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),392,394,397

Pakistan Penal Code, 1860 (XLV of 1860)-- ---S.302--Qatl-e-Amd-- Identification Parade--Identification in Fog--Identification parade of muffled faces accused--Identification Parade in court--Appreciation of Evidence--Benefit of doubt--Acquittal of--Appellant and two others had allegedly committed a robbery and during commission of said robbery they had allegedly killed one and had injured three others--Occurrence in issue had taken place at 09.15 p.m. in month of February and during fateful night there was dense fog in area and culprits had not been identified by complainant party at place of occurrence--Test identification parade had been conducted after more than two months of alleged occurrence and proceedings of said parade show that eye-witnesses had maintained before Magistrate on that occasion that culprits had their faces muffled during incident--Proceedings of parade were postponed twice before they were actually conducted and on all such occasions investigating officer had requested for a postponement because eye-witnesses belonging to complainant party had failed to turn up--Identification of a culprit before trial Court during trial is generally unsafe because members of complainant party get many opportunities to see accused persons before trial Court--Prosecution had failed to prove its case against appellant beyond reasonable doubt--Appeal is allowed. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.-- Criminal Appeal No. 105-L of 2017 Majeed alias Majeedi appellant and two others had allegedly committed a robbery at about 09.15 p.m. on 11.02.2008 in an open area within the jurisdiction of Police Station Shahbore, District Okara and during commission of the said robbery they had allegedly killed one Muhammad Amin and had injured three others namely Aslam Pervaiz complainant (PW-1), Muhammad Umar (PW-2) and Abdul Jabbar (PW-3). With these allegations the appellant and his co-accused were booked in case FIR No. 33 registered at the above mentioned Police Station during the same night and after a regular trial the appellant was convicted by the trial Court for an offence under Section 302(b), P.P.C. read with Section 34, P.P.C. and was sentenced…

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