Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40,129(g)

Pakisan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Motive does not synchronize with main theme of prosecution case for yet another reason and that is active participation of 3/4 unknown persons in occurrence, in whose presence, there was no real necessity for appellants to incur avoidable consequences particularly for Shozab Shah appellant--Deceased were done to death in an unwitnessed episode cannot be dismissed out of hand--Fifty two casings of Kalashnikov were secured during spot inspection, these do not advance prosecution case qua appellants--Disclosures before C.W. S.I attributed to appellants that they had thrown eapons in a canal pointed out during course of investigation, do not constitute 'information' in terms of Article-40 of Qanun-e-Shahadat Order, 1984--No forensic comparison of casings was undertaken to determine use of multiple weapons, statutory presumption within contemplation of Article-129(g) of Order--Autopsies started at 8:00 p.m, when Medical Officer found rigor mortis fully developed on both dead bodies with estimated time between death and examination as 10-hours; interregnum spaced possibility of speculative deliberations, not that unrare a phenomena to array adversaries in a blind alley--Prosecution case is fraught with doubts, patently embedded in stated positions, and thus, it would be grievously unsafe to maintain convictions. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Shozab Shah, Sakhi, Shahadat Ali, Altaf Raza, Saleem Raza and Akhtar-ul-Islam, appellants herein, are in receipt of a guilty verdict, returned by a learned Additional Sessions Judge at Sheikhupura in a private complaint, vide impugned judgment dated 10-12-2011; they stand convicted under Section 302(b) of the Pakistan Penal Code, 1860 for committing Qatl-e-Amd of Shujaat Ullah, 32, & Saif-Ullah, 35, real brothers interse henceforth referred to as the deceased, at 12:00 p.m. on 2-1-2008 within the area of Dera Haider Shah, situating at a distance of 13-Kilometers from Police Station Saddar Sheikhupura; they have been sentenced to death on both counts with direction to pay compensation in…

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