Law: Penal Code (XLV of 1860)

Section: 302(B)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--All three eye-witnesses (Naik Muhammad complainant PW1, Muhammad Yasin PW2 and Nazar Abbas injured PW3) also made dishonest improvements in this regard before trial Court which were confronted to them with their previous statements which shatter their credibility--Disbelieving evidence of all three eye-witnesses, same evidence cannot be believed against appellant in absence of independent corroborative piece of evidence which is conspicuously missing in present case--Injured PW3 stated before medical officer that only appellant made firing as a result of which he and deceased sustained injuries on their persons well mentioned at top of his M.L.R. but while appearing before trial Court with dishonest improvements attributed firing to co-accused (since acquitted discussed above) and appellant--This witness has been disbelieved for his own injury against co-accused and and is not reliable against appellant--S.I. I.O. of this case CW9 stated in his statement (examination-in-chief) that appellant during interrogation disclosed and got recovered 12-bore shot gun from his house but this witness has not stated that parcel of recovered gun was prepared at time of its recovery, hence this recovery is not believable--Held: It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating 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--Appeal was allowed.  [Pp. 277 278] A, B, C, D E 2008 SCMR 6, 2016 SCMR 1763, 2017 SCMR 486 and 2020 SCMR 2019. Judgment Sadaqat Ali Khan, J. (Muhammad Iqbal) along with co-accused Khanan Bibi (since acquitted) has been tried by learned trial Court in a private complaint filed under Section 302/324/34, PPC arising out of case FIR No. 6 dated 09.01.2015 P.S Arooti, District Toba Tek Singh and was convicted and sentenced vide judgment dated 25.04.2017 as under: (i) Muhammad Iqbal appellant under Section 302(b) PPC.…

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