Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ---S. 302(b)--Appreciation of evidence--Delay in recording statement--FSL report not match empties and recovered weapon--Abscondance--Benefit of acquittal--Acquittal of--Complainant had not seen the occurrence and nominated the appellant and co-accused on the basis of information received by the PW’s--One PW was not produced and two PW’s subsequently resiled from their earlier statements recorded u/s 161 of Cr.P.C. and testified that two co-accused had not fired upon the deceased--Complainant also exonerated the said two co-accused--Delayed in recording statements of PW u/s 161 of Cr.P.C. reduce its value--Recovery of pistol, as per report of FSL did not match the crime empties--Question of abscondance of the appellant was not put to the appellant in his statement u/s 342 Cr.P.C. is acquitted. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Delayed in recording statements of PW u/s 161 of Cr.P.C. reduce its value. 2020 SCMR 1049; 1996 SCMR 1553 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Recovery--Recovery of pistol, as per report of FSL did not match the crime empties is held inconsequential. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342(b)--Pakistan Penal Code, (XLV of 1860), S. 302--Abscondance--Question of abscondance of the appellant was not put to the appellant in his statement u/s 342 Cr.P.C. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Benefit of doubt--Single circumstance creating reasonable doubt in a prudent mind about the guilt of the accused makes him entitled to its benefits, not as a matter of grace and concession but as a matter of right. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J. Bashir Muhammad Khan along with three co-accused was proceeded against in terms of the case registered vide FIR No. 387/2008 dated 29.11.2008 under Sections 302/109/34, P.P.C. at Police Station Kahuta, District Rawalpindi for committing murder of Sagheer Hussain son of the complainant. However, co-accused Muhammad Waqar and Muhammad Shahid were discharged from the case on the basis of supplementary statement of the complainant while co-accused Badshah Khan was declared proclaimed…

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