Law: Penal Code (XLV of 1860)

Section: 302,109,148,149

(a) Penal Code (XLV of 1860)--- ---s.302, 109, 148 149---Qatl-i-amd, abetment, rioting, armed with deadly weapon, common object---Appreciation of evidence---Benefit of doubt---Night-time occurrence--ource of light---Chance witnesses---Motive, not believable---Recovery of weapon---Negative report of Forensic Laboratory--cope---Accused along with others was alleged to have murdered the father of complainant on a passage---Photographic narration of the occurrence by both the witnesses by assigning specific injury to each of the accused in an extreme crisis and panic situation was highly improbable and not believable, especially when the occurrence had taken place in the dark hours of night and witnesses had statedly seen the occurrence in the light of motorcycle--ite plan did not show the houses of eye-witnesses around the place of occurrence---Eye-witnesses were chance witnesses and they had failed to establish their presence at odd hours of night---Recovery of 12-bore gun on the pointing out of accused in presence of negative report of Forensic Laboratory was inconsequential---Motive was not believable---Appeal filed by accused was accepted and petition for special leave to appeal filed by complainant against acquittal of accused persons was dismissed. Muhammad Ahmed and others v. The State and others 2019 SCMR 2006 and Muhammad Rafique v. The State 2014 SCMR 1698 ref. (b) Criminal trial--- ---uspicion always remains suspicion and cannot take place of proof. (c) Criminal trial--- ----Benefit of doubt--cope--ingle circumstance creating reasonable doubt in the prudent mind about the guilt of accused entitles him to its benefit not as a matter of grace or concession, but as of right. Muhammad Akram v. The State 2009 SCMR 230 ref. JUDGMENT SADAQAT ALI KHAN, J.- Muhammad Asif along with Anwar, Asghar, Ali Raza alias Ali, Liaquat Ali, Khalid Pervaiz and Abid Noor co-accused (since acquitted) has been tried by learned trial Court in private complaint under Sections 302, 109, 148, 149, P.P.C. arising out of case FIR No.471 dated 12.08.2014 Police Station Saddar Jaranwala, District Faisalabad and was convicted and sentenced vide judgment dated 12.04.2017 as under:-…

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