Law: Pakistan Penal Code, 1860

Section: 80,319

(a) Penal Code (XLV of 1860)--- ----Ss. 319 & 80---Qatl-i-khata---Appreciation of evidence---Accidental fire shot---Deceased handed over the gun to accused for killing the snake which went off suddenly hitting the deceased---Accused had neither used the gun nor had fired any shot therefrom by design or with intention to do so---Nothing was available on record to show that accused had not used proper care and caution---Gun having gone off accidentally invoking of provisions of S. 319, P.P.C., was not justified---Case was fully covered by provisions of S. 80, P.P.C.---Conviction and sentence passed by lower court was set aside in circumstances. Nasir Abbas v. The State and another 2011 SCMR 1966 and Munir Ahmad v. The State PLD 2000 Lah. 425 ref. (b) Criminal trial--- ----Conviction---Benefit of doubt---Scope---Conviction must be founded on unimpeachable evidence and certainty of guilt---Any doubt arising in prosecution case must be resolved in favour of accused. Muhammad Khan and another v. State 1999 SCMR 1220 ref. (c) Criminal trial--- ----Benefit of doubt---Single instance giving rise to a reasonable doubt in the mind of court, entitled the accused to benefit of doubt not as a matter of grace but as a matter of right. Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: ANWAARUL HAQ PANNUN, JUSTICE:---.--- This single judgment shall decide Criminal Appeal No.689 of 2017, filed under section 410, Cr.P.C. by the appellant and Criminal Revision No.35 of 2018 filed by the complainant against the judgment dated 04.12.2017, on the conclusion of trial in case FIR No.285/2015, dated 26.08.2015, offence under section 302, P.P.C., registered at Police Station Abadpur, District Rahimyar Khan by the learned Sessions Judge, Rahimyar Khan, whereby the appellant has been convicted and sentenced as under:- Under section 319, P.P.C. "to pay "Diyat" i.e. 16,80,320/- to the legal heirs of the deceased along with rigorous imprisonment for five years as Ta'zir. Benefit of section 382-B, Cr.P.C. is extended to the convict." 2. The case of the prosecution as contained in the FIR (Exh.PC/1) lodged on the written complaint (Exh.PC) of the complainant Noor…

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