Law: Pakistan Penal Code, 1860

Section: 302(b),324,34

Pakistan Penal Code, 1898 (V of 1898)-- ----Ss. 302(b), 324, 34--Conviction and sentence--Challenge to--Qatal-e-Amd--FIR was recorded against unknown accused persons but complainant nominated present appellant along with his two co -accused, by contending that he had nominated these accused persons in his complainant--Being dissatisfied by result of investigation and alleged omission on part of Investigating Officer of not nominating appellant and his co-accused in FIR, complainant filed private complaint against three accused persons including present appellant--Complainant tried to make up for this deficiency through supplementary statement--In crime report complainant mentioned features of unknown assailants in detail therefore, supplementary statement got recorded by complainant, seems to be result of deliberation and consultation--Supplementary statement of complainant, it can easily be inferred that statements of PWs were recorded after due deliberation and nomination of appellant--Complainant did not bring factum of dishonest investigation in notice of police high ups rather remained numb for months--Motive is always considered as double edge weapon--Motive is not substantive piece of evidence rather same is merely a circumstance, which might lead accused to commit occurrence--Injuries on person of a witness establish his presence at spot but his statement cannot be taken as a gospel truth--Medical evidence is just a confirmatory piece of evidence--Concept of innocent until proven guilty and proof of guilt beyond reasonable doubt are interlinked--Proof beyond a reasonable doubt, therefore, must be a proof of such a convincing character that a reasonable person would not be reluctant to rely and act upon it to convict an accused--Prosecution evidence was not up to mark to convict and sentence appellant--It is better to acquit a guilty person than to punish an innocent--Appeal accepted. Malik Amir Manzoor Awan, Advocate for Appellant. Mr. Ansar Yasin, Deputy Prosecutor General for State. Sahibzada Muhammad Nadeem Fareed, Advocate for Complainant (for Petitioner in Crl. Revision No. 138/2016) hearing date: 23.9.2021. JUDGMENT This single judgment shall…

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