Law: Penal Code (XLV of 1860)

Section: 302(b),34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b) 34--Sentence--Challenge to--Delay of 8 days--Unseen occurrence--Benefit of doubt--It is, by now well established principle of law that it is prosecution, which has to prove its case against he accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In instant case, prosecution remained failed to discharge its responsibility of proving case against appellants--It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story--Appeal was allowed. JUDGMENT Bashir Ahmad and Munir Ahmad (appellants) were tried by the learned Addl. Sessions Judge, Mandi Bahauddin in case FIR No. 241 dated 16.4.2011, offence under Sections 302 and 34, PPC registered at Police Station Civil Line District Mandi Bahauddin for committing the murder of Mehmood Khan (deceased). Vide judgment dated 29.09.2015 passed by the learned trial Court, the appellants have been convicted under Section 302(b), PPC and sentenced to imprisonment for life each, with a further direction to pay Rs. 50,000/- (rupees fifty thousand only) each as compensation to the legal heirs of deceased as required under Section 544-A, Cr.P.C. and in default whereof to further undergo six months simple imprisonment. Benefit of Section 382-B, Cr.P.C. was extended to the appellants. Assailing the above conviction and sentence, the appellants have filed the appeal in hand. 2. Initially, the machinery of law was set in motion on the statement of Imran Ahmad (PW.10) who on 16.04.2011 allegedly saw a dead-body of an unknown person floating in the water of canal on the basis whereof FIR (Exh.PA) was lodged. Thereafter, Jalil Khan (PW. 13) filed an application wherein he implicated Bashir Ahmad and Munir Ahmad (appellants) on the information allegedly imparted to him by Iftikhar Ahmad (PW.6) and Muhammad Afzal (PW.7), who allegedly saw the appellants while throwing the dead-body of Mehmood Khan (deceased) in…

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