Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention---Appreciation of evidence---Benefit of doubt---Allegation against accused persons was that they made direct firing at the police party with intention to kill them---Delay in lodging the FIR had not been explained by the complainant---Prosecution produced three witnesses in order to prove the charge against the accused persons---Record showed that there were material contradictions amongst the said three witnesses---Recovered crime weapon was sent to Forensic Science Laboratory after the delay of eight days---No plausible reason and explanation was furnished for such delay---No empty bullet was secured from the place of occurrence---Cross-examination of prosecution witnesses revealed that prosecution had failed to establish any case of firing upon the police party with intention to kill---Discrepancies, illegality and contradictions in the statement of witnesses were found which created reasonable doubt in the prosecution case, benefit of which would resolve in favour of accused persons---Accused persons were acquitted in circumstances by setting aside convictions and sentences awarded by the Trial Court. PLD 2005 Kar. 18 and Qaddan v. The State 2017 SCMR 148 ref. (b) Criminal trial--- ----Benefit of doubt---Scope---Single circumstance creating reasonable doubt would be sufficient for the acquittal of the accused. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:- --.--- This Cr. A. is directed against the judgment dated 03.03.2015, passed by the learned VIIth Assistant Sessions Judge, Karachi-East in Session Case No. 867 of 2014 (FIR No. 81/2014, under Sections 353/324/34, P.P.C.), registered at P.S. Shahrah-e-Faisal, Karachi, whereby the appellant has been convicted for an offence punishable under section 353, P.P.C. to suffer R.I. for two years and to pay fine of Rs. 5,000/-, in default thereof, to suffer SI for two months more. He was also convicted under section 324, P.P.C. to suffer R.I. for five years and to pay fine of Rs. 20,000/-, in case of failure of…

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