Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-i-amd--Medical evidence--Benefit of doubt--Motive--Altercation took place--”A” was murdered and “M” injured PW-3 sustained injuries during occurrence while sitting in a car near house of appellant on 27.07.2014 at regarding which FIR was registered on written application moved by complainant PW-2 on 27.07.2014 at 7.30 a.m. with delay of more than two hours--Distance between place of occurrence and police station is of 14-killometers well mentioned in column No. 4 of FIR--Postmortem report shows that postmortem examination was conducted on dead body of deceased on 27.07.2014 at 2.00 p.m. with delay of about more than 8-hours--Medico legal report pertaining to injured PW-3 shows that he arrived in hospital through police on 27.07.2014 at 5.35 a.m. and his condition was satisfactory but he did not make any statement before police for lodging FIR--Complainant PW-2 stated regarding motive of occurrence in his Statement (examination-in-chief) that on 26.07.2014 some altercation took place between his son deceased and appellant on dispute of goats--He (deceased) on same day at 04/05 p.m. was tortured by appellant, near Bethak of appellant and on noise of deceased, Asif not PW and Tariq PW (since given up) reached there and they quarreled each other above said Asif not PW and Tariq PW (since given up) are real sons of complainant PW-2 but did not appear before trial Court to establish above said motive--Prosecution has failed to prove motive--Nothing was recovered from appellant during interrogation rather he was present at his house at time of occurrence as stated by S.I. CW-7, I.O of this case in his cross-examination--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. 2009 SCMR 230. JUDGMENT Sadaqat Ali Khan, JUSTICE.- This single judgment shall dispose of…

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