Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,342

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-Amd--- Appreciation of evidence---Benefit of doubt---Nature of injuries---Proof---Deceased was shot from a close distance and the same was not supported by medical evidence---Un-scaled or scaled plan did not refer to any brick having been removed from wall---Evidence did not explain existence of seven empties because autopsy report confirmed three entry wounds---Draftsman did not observe any mark of gun shot on walls of small uninhabited room---Investigating officer also did not see signs of any brick removed from the wall---Investigating officer did not explain as to how the complainant received information about involvement of accused persons---Draftsman did not show any source of light---Police received information that one dead body was lying in an uninhabited room i.e. the crime scene---No explanation was available on record as to how and by whom the dead body was discovered lying at the crime scene---Motive was not proved by prosecution and reference of witnesses to the relationship between accused persons could not be relied upon---High Court set aside conviction and sentence awarded to accused by extending him benefit of doubt and acquitted him of the charge---Appeal was allowed in circumstances. Muhammad Nadeem alias Deemi v. The State 2011 SCMR 872; Shehzado v. The State PLD 2005 SC 477; Nasir Mehmood and another v. State 2015 SCMR 423, Majeed v. The State 2010 SCMR 55; Hassan Askari v. The State 2011 PCr.LJ 778; Dr Aziza and others v. Muhammad Sarwar 1997 MLD 2013; Nazeer alias Wazeer v. The State PLD 2007 SC 202; Hashim Qasim and another v. The State 2017 SCMR 986; Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274; Dadullah and another v. The State 2015 SCMR 856; Allah Nawaz v. The State 2009 SCMR 736; Manjeet Singh v. The State PLD 2006 SC 30 and Muhamamd Shafi v. Muhammad Raza and another 2008 SCMR 329 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 164 342---Statement of accused---Scope---Voluntary and true statement recorded under S.164, Cr.P.C. requires no corroboration and may be sufficient for handing down a conviction--Court as a rule of precaution seek corroboration…

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