Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,302(b),452

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and Sentence--Challenge to--Daylight occurrence--Motive--Awful violence suffered by deceased--Insofar as argument that substitution is a rare phenomenon and that there was no earthly reason for complainant and PWs to swap real culprits with appellants, no doubt, retributive human instinct, ordinarily impels an aggrieved to go for wrongdoer, however, possibility cannot be ruled out altogether, particularly, in cases where complainant and accused are pitted in long standing enmities and in an unwitnessed occurrence--Even otherwise, this argument by Law Officer cannot be received with approval in isolation with other aspects of prosecution case referred to above which when taken together admit a real possibility that occurrence did not take place in manner it is alleged in complaint--Dispatch of casings subsequent to appellants' arrest does not much support prosecution on subject of recoveries--Narrative renditions by witnesses do not fit within ambit of probability--Mere accusation, no matter how impressively articulated and supported by investigative details, cannot alone sustain charge unless upon contemplation it is found confidence inspiring on touchstone of probability--A single suspicious circumstance lurking behind prosecution case entitles an accused to claim benefit thereof--Prosecution case is fraught with improbabilities and doubts, therefore, it would be grievously unsafe to maintain conviction. PLD 1999 Lahore 221. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Muhammad Ashraf, 16, hereinafter referred to as the deceased, was gunned down on 11-5-2008 at 11:00 a.m. within the area of Chah Dianwala, situating at a distance of ten miles from Police Station City Shujabad District Multan. Incident was reported through complaint Ex.PA recorded by Muhammad Arif SI (PW-4), 12:30 p.m. at Thana Chowk on the statement of deceased's maternal uncle Muhammad Aslam (PW-1) wherein Nazar Muhammad, Nawab and Shahbaz, appellants herein, along with Muhammad Sadiq and Liaqat Ali were arrayed as accused; the appellants have been assigned fatal shots to the deceased whereas the remainder of the…

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