Law: Pakistan Penal Code, 1860

Section: 302(b),324,149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 149 149--Conviction and sentence--Challenge to--Qatl-e-amd--Motive--Medical Officer did not observe any fire-arm injury on his belly attributed to appellant rather observed two entry wounds on back of left chest of injured PW4, who in order to bring case in line with medical evidence while making dishonest improvements before trial Court stated that appellant made firing on his back, his fire hit on his spinal cord, who was confronted with his earlier statement where it was not so recorded--Relevant portion is hereby reproduced--Held: Conflicts between ocular and medical evidence is not ignorable rather creates doubt in prosecution story--Motive of occurrence is that Sohaib co-accused (since P.O) Slapped nephew of Mubashar Hussain complainant PW3, who (shoaib Ashraf) did not appear in support of motive story which is not believable--Recovery of 30-bore pistol on pointing out of appellant in absence of positive report of PFSA regarding matching of crime empties with weapon of offence is inconsequential in present case--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.                             2008 SCMR 6. JUDGMENT Sadaqat Ali Khan, JUSTICE. Ehsan Shah) along with co-accused Sher Khan (since dead) and Mst. Munaza Bibi (since acquitted) has been tried by learned trial Court in case FIR No. 505 Dated 02.07.2011 offences under Sections 302/324/337-A(i)/148/149, PPC P.S. Cantt. Gujranwala and was convicted and sentenced vide judgment dated 30.03.2016 as under: Ehsan Shah (Appellant) U/S. 302(b)/149, P.P.C. sentenced to DEATH on two counts for the murders of Faiz Ahmad and Muhammad Mansha (deceased) along with compensation Rs. 500, 000/- each under Section 544-A, Cr.P.C. to be paid by him to the legal heirs of both the deceased and in default…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492