Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 302, 307 & 34---.---Criminal Procedure Code (V of 1898), S. 417(2-A)---.--- Qatl-i-amd; common intention---.---Appeal against acquittal---.--- Appreciation of evidence---.--- Benefit of doubt---.---Cross version---.---Trial Court, having elaborately discussed each and every point involved in the case, had observed that the allegations were general in nature, and material contradictions in the prosecution evidence with regard to the manner of the incident existed---.---Improvements had been made by the prosecution witnesses to strengthen the prosecution case---.---Prosecution witness had deposed that the deceased had died on his way to the Hospital; whereas, the medical witness had deposed that the deceased had been brought to the Hospital in an injured condition and he died later---.---Many people were alleged to have gathered on the spot at the time of the incident, but the prosecution had not examined any independent witness---.---Eye-witnesses had not been able to establish their presence at the time of the incident---.---Prosecution, being closely related to the deceased, were interested witnesses, whereas, independent corroboration lacked in the case---.---Both parties, as per the counter version, had sustained injuries during the incident---.---More number of injuries sustained by the deceased could not be sufficient to hold that the accused were the aggressors, particularly, when there was no evidence of aggression on their part---.---Possibility, that the accused persons had acted in their self defence, therefore, could not be ruled out---.---Accused persons, in view of the circumstances of the case, were entitled to the benefit of doubts as a matter of right---.---Impugned of acquittal was based on correct appreciation of the evidence and application of the law---.---Appeal against acquittal was dismissed accordingly. Manzoor Masih v. The State PLD 1995 SC 307 ref. Ahmed Usman and 2 others v. The State 1992 SCMR 489; Tariq Pervaiz v. The State 1995 SCMR 1345; Mirza Noor Hussain v. Farooque Zaman and 2 others 1993 SCMR 305 and Munawar Shah v. Liaquat Hussain and others 2002 SCMR 713 rel. (b) Criminal…

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