Law:

Section:

Pakistan Penal Code, 1860 (LXV of 1860)-- ----Ss. 302(b)/34--Conviction and sentence--Challenge to--Benefit of doubt--Dark night occurrence--How and who had caused these injuries, must have been proved by prosecution beyond reasonable shadow of doubt--It was a dark night occurrence and keeping in view unnatural conduct of eye-witnesses, deposition of injured witness cannot be taken as gospel truth--Purpose of post-mortem examination was to ascertain number of injuries, nature of injuries, kind of weapon used but post-mortem examination report by itself does not raise finger towards actual culprit--Post-mortem examination was conducted with delay of 10-12 hours, which indicates possibility that time had been consumed by police as well as complainant for cooking up a false story and to manage eye-witnesses--Counsel for complainant has urged that injuries on person of complainant duly supported by medical evidence establishes his presence at venue of occurrence--This argument might have some force but how and who had caused these injuries, must have been proved by prosecution beyond reasonable shadow of doubt--It was a dark night occurrence and keeping in view unnatural conduct of eye-witnesses, deposition of injured witness cannot be taken as gospel truth--Recovery of blood-stained dagger from appellant coupled with positive report of Forensic Science Agency though provides corroboration to ocular account yet same alone being corroboratory piece of evidence, is of no avail to prosecution in absence of confidence inspiring ocular account-- Having scanned entire prosecution evidence, we are of considered view that prosecution has miserably failed to bring home guilt of appellants beyond reasonable shadow of doubt--It was admittedly a dark night occurrence, which had taken place in an open filed and no source of light had been mentioned by eye-witnesses in their statements before police or before trial Court--The source of light volunteered by complainant during cross-examination was contradicted by PW-2 deposing that they had no torch at time of occurrence--The material contradictions as to reporting of matter to police and non-availability of source of light,…

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