Law: Pakistan Penal Code, 1860

Section: 302,148,149

Criminal Trial-- ----It is cordial principle of law that each criminal case has its own peculiar facts and circumstances and that has to be weighed on judicial parlance while taking into consideration all facts and circumstances brought-forth. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148 & 149--Sentence--Challenge to--Murder--Role infliction of sole sota blow--Locale of injury--Locale of injury clearly reflects that same could not be result of sole sota blow. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148 & 149--Ocular account--Contradiction in ocular and medical account--Testimony of witnesses--Ocular account is belied by medical evidence--Such contradiction makes prosecution case further doubtful to his extend. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148 & 149--Sentence--Challenge to--Benefit of doubt--Innocent person--Appreciation of evidence--Moreover, it is established principle of law that for extending benefit of doubt in favour of accused, so many circumstances are not required, rather one circumstance which creates reasonable doubt in veracity of prosecution version, can be taken into consideration for purpose, not as a matter of grace, rather as a matter of right--It is golden principle of law that Court may err in letting off guilty but should not convict one innocent person on basis of suspicion. JUDGMENT Ahmad Yar alias Ahma son of Lala, Shahzad and Ghazanfar, both sons of Ahmed Yar, all Loona by caste, residents of Pindi Dakhli Kandiwal, District Chiniot (appellants) along with Mst. Nusrat Bibi, Ansar and Fakhar, co-accused (since acquitted) were involved in case FIR No. 290, dated 26.12.2005, offence under Sections 302, 148, 149, PPC, registered with Police Station, Kandiwal. However, being dissatisfied with the investigation carried out by the Investigating Officer, Muhammad Yaqoob, complainant (PW-1 ) preferred private complaint titled as:- "Muhammad Yaqoob VS Ahmad Yar alias Ahma, etc." offence under Sections 302, 148, 149, PPC. During the course of trial, cursory statements of the prosecution witnesses were recorded by the learned trial Court and after recording the cursory statements and…

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