Law: Penal Code (XLV of 1860)

Section: 449,302(b),324,34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 449, 302(b), 324 34--Conviction and sentence--Challenge to--Benefit of doubt--On 03.08.2015, he made an application for obtaining permission to record his statement but he was informed that they said injured P.W.3 was discharged on 6.06.2015--Injured P.W.3 did not explain reason due to which he belatedly got recorded his statement--In these circumstances, unexplained delayed statement of injured P.W.3 shatters his credibility--Argument of learned counsel for complainant that evidence of injured P.W.3 cannot be discarded as injury on his person has established his presence at time of occurrence at place of occurrence, has no substance because merely 7 injury on person of injured P.W.3 would not stamp him truthful witness--Co-accused were attributed injuries on persons of both deceased in FIR, who have been acquitted by trial Court through impugned by disbelieving evidence of eye-witnesses, same evidence cannot be believed to extent of appellants in absence of independent corroborative piece of evidence which is conspicuously missing in present case--Held: Court entertain serious doubt in our minds regarding participation of appellants in present case--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 accepted. [Pp. 124 125] A, B, C D 2017 SCMR 486, 2011 SCMR 323, 2016 SCMR 1763 and 2009 SCMR 230. Judgment Sadaqat Ali Khan. J. s Muhammad Nawaz, Muhammad Waryam, Muhammad Yousaf and Muhammad Sarwar along with Ibrar Hussain, Fajyar alias Phaji, Lal Hussain, Tanvir Ahmed and Abid Hussain co-accused (since acquitted) have been tried by learned trial Court in private complaint under Sections 302, 324, 449, 337-F(i); 337-F(iii), 148 149, PPC arising out of case FIR No. 293 dated 10.06.2015 Police Station Jalalpur Bhattian, District Hafizabad and were convicted and sentenced vide judgment 28.03.2017 as under: 1. Muhammad Waryam…

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