Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Rule of consistency---Benefit of doubt---Accused was convicted by Trial Court for commission of qatl-i-amd and he was sentenced to imprisonment for life by Trial Court---Validity---Prosecution could not bring any material on record to distinguish role of convicted accused from one who was acquitted---Prosecution also could not prove that injury attributed to accused was caused by him---Case of convicted accused was at par with one that was acquitted---First Information Report was got recorded with delay and case against accused was not beyond shadow of doubt---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge---Appeal was allowed in circumstances. Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142; Irfan Ali v. The State 2015 SCMR 840 and Muhammad Ali v. The State 2015 SCMR 137 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement under S. 342, Cr.P.C.---Scope---Prosecution has to prove its own case beyond shadow of doubt and when prosecution has otherwise failed to prove its case then accused cannot be convicted on basis of any plea advanced by accused in his statement under S. 342, Cr.P.C.---Accused deserves acquittal in circumstances. Azhar Iqbal v. The State 2013 SCMR 383 rel. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, JUSTICE:---.--- Through the above mentioned appeal Muhammad Ashraf (appellant) has assailed the judgment dated 29.06.2012 passed by learned Additional Sessions Judge, Sahiwal, whereby Muhammad Ashraf (appellant) has been convicted and sentenced under section 302(b), P.P.C. to imprisonment for life along with payment of compensation of Rs.1,00,000/- to the legal heirs of deceased Majid under section 544-A, Cr.P.C. and in default thereof to further undergo six months' S.I. with benefit of section 382-B, Cr.P.C. 2. Brief facts, as per written complaint (Ex.PA) submitted by Haji Khalid Mahmood complainant/PW-1, are that on 31.12.2007 Monday at about 7:00 a.m. he was coming to his house at Chak No.178/G.L. from his agricultural land after taking milk, on the…

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