Law: Pakistan Penal Code, 1860

Section: 302(b),324

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) 324--Challenge to--Serious doubt regarding participant of accused--In view of above discussion, we entertain serious doubt regarding participation of appellant 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. JUDGMENT Sadaqat Ali Khan, JUSTICE. (Muhammad Imran) has been tried by learned trial Court in case FIR No. 521 dated 25.9.2014 offences under Sections 302/324, PPC registered at Police Station City Khanewal and was convicted and sentenced vide judgement dated 10.03.2016 as under: MUHAMMAD IMRAN APPELLANT Under Section 302(b), PPC “He was sentenced to death for committing the Qatal-e-Amd of Mst. Hameed Bibi (deceased) along-with compensation Rs. 100,000/- payable to the legal heirs of the deceased under Section 544-A, Cr.P.C. and in default thereof to further undergo six months S.I. Under Section 324, PPC He was sentenced to imprisonment for 10-years with fine of Rs. 20,000/- and in default thereof to further undergo 3-months S.I. Sentences of the appellant were ordered to be run concurrently with benefit of Section 382-B, Cr.P.C.” Appellant has filed this criminal appeal against his conviction whereas learned trial Court has sent Murder Reference for confirmation of his death sentence or otherwise, which are being decided through this single judgment. 2. Brief facts of the case have been stated by the complainant Ghulam Hussain (PW6) in his statement before the learned trial Court, which is hereby reproduced for narration of the facts:- “About 13-months ago I alongwith Muhammad Yousuf and Fakhar Hussain PWs was coming to Khanewal from my village Chak No. 87/10-R. It was about 11:30 AM when we were passing through a road from Chak No. 88/10-R lying near the house of my sister Mst. Hameed Bibi deceased residing in that village. We heard hue and cry from the house of the deceased,…

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