Law: Penal Code (XLV of 1860)

Section: 302,324,34

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

Section: 40

Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Information received from accused to be proved---Appreciation of evidence---Benefit of doubt---Scope---Accused was alleged to have murdered the father of complainant---Prosecution case hinged on ocular account furnished by complainant, disclosure of acquitted accused, disclosure statement of accused and medical/death certificate of deceased---Facts mentioned in the FIR were reproduced in the alleged disclosure of accused, therefore, it could not be considered as discovery of new fact within the meaning of Art.40 of Qanun-e-Shahadat, 1984---Complainant could not justify his presence at the spot---Medical officer deposed that deadbody of the deceased was brought to the hospital by an Assistant Sub-Inspector of Police---Had the complainant witnessed the occurrence, nothing prevented him to accompany the deceased to the hospital---Prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances. Mst. Askar Jan v. Muhammad Daud 2010 SCMR 1604; 2017 SCMR 596 and Javaid Akbar v. Muhammad Amjad and Jameel @ Jeela and another 2016 SCMR 1241 rel. JUDGMENT MUHAMMAD EJAZ SWATI, J.- The appellant Bahadur Khan son of Abdul Rehman was tried by the learned Sessions Judge (Ad hoc)/ Model Criminal Trial Court-I, Quetta (`the trial Court) in respect of FIR No.122 of 2010, dated 24th July 2010, at about 09:40 a.m. registered with Police Station, Sariab, Quetta under sections 302, 324/34, Pakistan Penal Code (P.P.C), wherein, the complainant Asadullah alleged that on the above date at about 09:10 a.m. he along with his father Faqir Muhammad was proceeding to City, via Sariab; Road, Quetta, when at about 9.00 a.m. they reached at the gate of Telephone and Telegram (T T) Colony, all of sudden, from their behind firing started at them. He saw that appellant (Bahadur Khan) was making firing with pistol, while his nephew Imdad Ali, was standing along with start Motorcycle, CD-70, without number plate. As a result of firing shot, his father sustained firearm…

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