Law: Penal Code (XLV of 1860)

Section: 302(B)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Motive behind occurrence was dispute of residential haveli. No cogent/convincing evidence qua dispute of haveli between parties was produced by prosecution during trial--Complainant has stated in her cross examination that no civil dispute was pending between parties in any civil Court--Complainant did not file civil suit against appellant regarding division of haveli of occurrence--Moreover, no independent witness qua motive was joined by police in investigation or produced by prosecution before trial Court during trial--Prosecution has failed to substantiate motive against appellant--So far as alleged recovery of .30 bore pistol at instance of appellant is concerned same is immaterial because it is mentioned in recovery memo--that appellant got recovered said pistol from tube-well room, of one which was an open place, accessible to everyone--Medical evidence produced by prosecution was not of much avail to prosecution because murder in issue him remained unwitnessed and, thus, medical evidence could not point an accusing finger towards appellant implicated in this case--Court have considered all pros and cons of this case and have come to this irresistible conclusion that prosecution could not prove its case against appellant beyond any shadow of doubt--Held: It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In instant case, prosecution remained failed to discharge its responsibility of proving case against appellant--Further held: It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story--Appeal was allowed. [Pp. 294] A, B, C D 2016 SCMR 1605 and 2009 SCMR 230. Judgment Shehram Sarwar Ch., J.--Munir Ahmad (appellant) was tried by the learned…

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