Law: Pakistan Penal Code, 1860

Section: 302(b)/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/34--Conviction and sentence--Challenge to--Qatl-e-amd--Murder reference--Delay in post-mortem--Motive--Previous enmity recovery of rifle--Benefit of doubt--They were chance witnesses, but have failed to establish their presence at time of occurrence at place of occurrence with their stated reasons--Such delay is generally suggestive of a real possibility that time had been consumed by police in procuring and planting eye-witnesses and in cooking up a story for prosecution before preparing police papers necessary for getting a post-mortem examination of dead body conducted--Appeal was accepted.[P. 304] A B 2011 SCMR 1190, 2014 SCMR 1698 and 2017 SCMR 564. Benefit of doubt-- ----Principle--It is settled principle of law that for, giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt.[P. 305] C Benefit of 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. [P. 305] D Rana Abdul Sattar, Advocate for Appellants. M/s. Azam Nazeer Tarar, Qasim Ijaz Sumra and Liaqat Bashir Mughal, Advocates for Complainant. Mr. Munir Ahmad Sial, DPG for State. hearing date: 7.6.2021. JUDGMENT Sadaqat Ali Khan, J.s Shah Nawaz and Ahmad Nawaz alongwith Gulbaz Khan and Sher Muhammad (since acquitted) have been tried by learned trial Court in case FIR No. 193 dated 08.10.2015 offences under Sections 302/34, 109, PPC Police Station Katha Saghral, District Khushab and were convicted and sentenced vide judgment dated 11.05.2017 as under: Shah Nawaz appellant U/S. 302 (b)/34, PPC Sentenced to death as Tazir for committing Qatl-i-Amd of Ghulam Haider deceased with compensation of Rs. 10,00,000/- payable to the legal heirs of deceased under Section 544-A, Cr.P.C., recoverable as arrears of land revenue and in default whereof to undergo simple imprisonment for six months. Ahmad Nawaz appellant U/S. 302 (b)/34, PPC Sentenced to imprisonment for life for committing Qatl-i-Amd of Ghulam Haider deceased with compensation of Rs. 10,00,000/-…

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