Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,173,340(2),342,364,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Prosecution case was that the accused persons while sharing their common intention, committed the murder of the sister of the complainant under the pretext of honour---Admittedly, the occurrence was un-witnessed and the one of circumstantial evidence---Evidence of wajtakkar was furnished by a witness, stating that he had seen the accused along with his son/co-accused on 10.11.2017 at about 4.05 p.m. while riding motorcycle and by that time they were in perplex condition---Company of father and the son on a motorcycle was not unusual or unnatural---Prosecution's case was that accused had informed the complainant and other relatives of the deceased about the incident---Version of said witness remained uncorroborated and unsubstantiated, therefore, was not of much help to the prosecution---Record transpired that co-accused persons were burdened with identical allegations as compared to those levelled against the accused---Co-accused was exonerated from the allegations by the complainant during the course of investigation in the light of her statement---Other co-accused was acquitted of the charge after full-fledged trial---Neither complainant nor the State opted to prefer appeal against the acquittal of said accused and of his acquittal had attained finality---When the evidence to the extent of acquittal of co-accused had already been disbelieved by Trial Court, same could not be believed against the present accused until and unless the same was supported by any independent corroborative piece of evidence, which was very much lacking in the present case---Circumstances established that prosecution had failed to bring home the guilt of the accused beyond any reasonable shadow of doubt---Appeal was allowed and accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11; Iftikhar Hussain v. The State 2004 SCMR 1185; Akhtar Ali and others v. The State 2008 SCMR 6 and Ghulam Mustafa and another v.…

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