Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Photographic narration of occurrence by all eye-witnesses by assigning specific role to each of accused including appellants in an extreme crisis and panic situation is highly improbable and not believable especially when occurrence took place in dark hours of night and witnesses had statedly seen occurrence in lights of official vehicle as mentioned in FIR--Seven accused mentioned above have already been acquitted by trial Court--In view of motive story, complainant contracted Nikah with injured without consent of her parents who were not ready for her Rukhsati, in this way, complainant was prime target of accused who statedly was present at time of occurrence at place of occurrence but did not receive any injury during occurrence at hands of accused--Blessing him with unbelievable Courtesy and mercy shown to him by accused knowing well that he would depose against them by leaving him unhurt, is absolutely unbelievable story--Recovery of pistols on pointing of appellants in absence of positive report of PFSA regarding matching of crime empties with weapons of offence is inconsequential--Held: It is settled principle of law mat for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt--If there is a circumstance which creates reasonable doubt in prudent mind about guilt of accused, then he would be entitled to its benefit not as a matter of grace or concession, but as of right--Appeal was accepted.  2019 SCMR 2006, 2017 SCMR 596 and 2009 SCMR 230. JUDGMENT Sadaqat Ali Khan, J.s Abdul Maalik and Pervaiz Hussain along with Sardar Bakhsh, Khaliq Dad, Iqbal Hussain, Niaz Mohammad alias Gul Niazi, Shahid Hameed, Mst. Sharifan Bibi and Mst. Kousar Bibi co-accused (since acquitted) have been tried by learned trial Court in private complaint under Sections 302, 324, 334, 336, 337-F(i), 337-A(i), 337-L2, 186, 353, 148, 149, PPC arising out of case FIR No. 174 dated 30.06.2014 Police Station Mankera, District Bhakkar and were convicted and sentenced vide judgment dated 29.3.2017 as under: 1.Abdul…

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