Law: Pakistan Penal Code, 1860

Section: 302,324,34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302, 324 34--Qatl-e-amd--Conviction sentence--Challenge to--Delay in post-mortem--Non-availability of eye-witnesses at place of occurrence--Inconsequential recovery of crime empties--Non-believable notice--Benefit of doubt--Acquittal of--Post-mortem examination reports pertaining to (deceased) respectively show that post-mortem examinations were conducted on their dead bodies with an unexplained delay of more than 9,11 and 14-hours respectively from date time of occurrence--Such delay is generally suggestive of a real possibility that time had been consumed by police in procuring and planting eye-witnesses and in cooking up a story for prosecution before preparing police papers necessary for getting a post-mortem examinations of dead bodies conducted--Scaled site plan does not show houses of both eye-witnesses around place of occurrence, they were chance witnesses but have failed to establish their presence date/time of occurrence at place of occurrence with their Ur stated reasons--Recovery of repeater.12-bore on pointing out of appellant in absence of positive report qua matching of crime empties with weapon of offence is inconsequential in present case--PW stated regarding motive of occurrence that there was dispute over land between (appellant)--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. JUDGMENT Sadaqat Ali Khan, JUSTICE. (Karamat Ali) has been tried by learned trial Court in case FIR No. 499 dated 25.08.2006 under Sections 302/324/34, PPC P.S. Dijkot, District Faisalabad and was convicted and sentenced vide judgment dated 25.05.2017 as under: Karamat Ali (Appellant) “He was convicted U/S.302(b), P.P.C. and sentenced to DEATH as Tazir on four counts for the murder of Jamaat Ali, Surayya Bibi, unborn female child of eight months in the womb of Surayya Bibi and Waqas alongwith compensation of Rs.…

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