Law:

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Testimony of Witness-- ----It is well settled by now that when a witness improves his/her statement to strengthen prosecution case and moment it is concluded that improvement was made deliberately and with mala fide intention, testimony of such witness does not remain reliable. 2010 SCMR 385 & 1993 SCMR 550, rel. Evidentiary value-- ----Crime empty--It is by now well established proposition of law that if crime empty is sent to F.S.L. after arrest of accused or together with crime weapon, positive report of laboratory loses its evidentiary value. [P. 118] B 2002 SCMR 1986, 2007 SCMR 525 & 2008 SCMR 707, ref. Duty of Prosecution-- ----Principle--It is by now well established principle of law that it is prosecution which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence. [P. 119] C Benefit of doubt-- ----It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused. 2009 SCMR 230, ref. THIS JUDGMENT DELIVERED BY: SHEHRAM SARWAR CH., JUSTICE:---.--- Naveed Ahmad (appellant) along with his co-accused namely Saeed Ahmad, Waheed Ahmad and Gulzar Ahmad was tried by the learned Addl. Sessions Judge, Gujranwala in a private complaint instituted under Sections 302, 148 and 149, PPC by Muhammad Bashir, complainant being dissatisfied with the investigation conducted by the police in case FIR No. 219, dated 10.05.2009, offence under Section 302 read with Section 34, PPC registered at Police Station Noshehra Virkan District Gujranwala for the murder of Ghulam Shabbir (deceased) maternal cousin (khalazad) of the complainant. Vide judgment dated 30.11.2011 passed by the learned Addl. Sessions Judge, Gujranwala, Naveed Ahmad (appellant) was convicted under Section 302(b), PPC and sentenced to death, with a further direction to pay Rs. 2,00,000/- (rupees two lakh only) as compensation under Section 544-A, Cr.P.C.to the legal heirs of the deceased and in default whereof to further undergo simple imprisonment for six months. However, through the same judgment, Saeed Ahmad, Waheed Ahmad…

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