Law: Pakistan Penal Code, 1860

Section: 302/337-F(ii)/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/337-F-(ii)/34--Acquittal of co-accused--Somersault of complainant in his statement--Acquittal of--FIR was registered after an inordinate delay of 11-days--Injured PWs (one died later on) were medically examined in injured condition on the same day with reference to Rapat through constable--Said Rapat has not been exhibited in evidence--It is not clear from the evidence as to whether the appellant was nominated therein for the stated crime--Delay of two hours in lodging the FIR was assumed great significance as the same can be attributed to consultation, taking instructions and calculatedly preparing the report keeping the names of the accused open for roping in such persons whom ultimately the prosecution may wish to implicate charge and put to trial--Both the injured witnesses has testified to this effect--Subsequently through written statements they exonerated the said co-accused contradicting his previous statement--During investigation, it was also found that one accused was not having a dagger at the time of occurrence and he was only present at the place of occurrence--The said co-accused was acquitted of the charge by the Trial Court--The appellant’s case is based on the same set of evidence and the role ascribed to him is similar to that of the co-accused--The somersault taken by the complainant regarding the accusation leveled against the appellant and co-accused, since acquitted, persuade us to extend benefit of doubt to the appellant not as a matter of grace rather as a matter of right--A shadow of doubt in the prosecution case has been created, benefit of which must be given to the appellant--Appeal is allowed and the appellant is acquitted. [Pp. 227, 228 ,  229] A, B, C, D, E 1995 SCMR 127 ref. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J. along with three co- accused was tried by the learned Additional Sessions Judge, Jhang, pursuant to a case registered vide FIR No. 110 dated 12.02.2007 under Sections 302/337-F(ii)/34, PPC for committing murder of Riasat Ali, son of the complainant. The learned Trial Court vide its judgment dated 23.04.2010 while acquitting three co-accused, convicted the…

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