Law: Penal Code (XLV of 1860)

Section: 302,324,337-F,337-D,34

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-F, 337-D, 34---Qatl-i-amd, attempt to commit qatl-i-amd, mutalahimah, jaifah and common intention---Appreciation of evidence---Benefit of doubt---Identification parade---Recovery of weapon, delay in---Sending of empties along with pistol---CCTV footage not sent for Forensic Analysis---Effect---Accused was convicted and sentenced to death in an FIR lodged under Ss.302, 324, 337-F(iii), 337-D, 34, P.P.C.---Accused was not named in the FIR, his and his fathers introduction in the case materialized only when complainant and witnesses made a further statement, after about two months of the incident, implicating them---Complainant backed out from his statement to the extent of father of accused and exonerated him---Failure of the Investigating Officer to get identification parade of the accused held before the Magistrate was still another blow imbuing streaks of doubt in the mind over allegations against the accused---Pistol was recovered after two months of the incident from an open plot not owned by the accused---Crime empties were sent along with the pistol not immediately after recovery as required by law to eliminate a chance of chicanery---CCTV (Closed-Circuit Television) footage, relied upon by the prosecution was not sent for forensic examination to confirm its authenticity and identity of the accused beyond a reasonable doubt in view of his dispute to be him in the photographs---Appeal was allowed and the accused was acquitted of the charge, in circumstances. A.B. Francis for Appellant. Ali Haider Saleem, Addl. P.G. for the State. None present for the Complainant. Dates of hearing: 14th March and 4th July, 2022. JUDGMENT MUHAMMAD IQBAL KALHORO J.----Appellant Syed Mansoor Ali Shah, having been convicted and sentenced, among others, to death in Sessions Case No.111/2018 bearing Cr. No.81 of 2017 under sections 302, 324, 337-F(iii), 337-D, 34 P.P.C. of P.S. Dari District Larkana vide judgment dated 03.04.2021 by learned 1st Additional Sessions Judge/MCTC, Larkana, filed captioned appeal before this court at Larkana which was heard on 24.11.2021 by an honourable Division Bench. Mr. Justice Shamsuddin Abbasi…

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