Law: Pakistan Penal Code, 1860

Section: 302/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/148/149--Qatl-i-Amd--Eye witness disbelieved--Acquittal of--Conviction and sentence--Challenge to--Statement of two eye- witnesses have been specifically disbelieved by the trial court against three accused, they cannot be relied upon also to the extent of appellant--Principle of shifting the grain from the chaff is no more applicable in the Courts of Pakistan--Conviction is set aside--He is acquitted--Appeal allowed.[P. 1067] A, B C 2021 SCMR 455; 2021 SC MR 471; 2017 SCMR 344; 2018 SCMR 344; 2008 SCMR 6; PLD 2019 SC 527 ref. JUDGMENT Rasheed Ahmad alias Sheeda (appellant) along with Muhammad Hanif, Shabbir Ahmad and Muhammad Sharif had faced trial in case FIR No. 159 (PA/1) recorded on 07.05.2014 under Sections 302/148/149, PPC at police station Sadar Dunyapur District Lodhran on the complaint of Fayyaz Hussain s/o Ghulam Hussain for the allegations of commission of Qatl-i-Amd of Ghulam Hussain (father of Fayyaz Hussain). On conclusion of trial vide judgment dated 22.12.2016 passed by the learned Additional Sessions. Judge Dunyapur District Lodhran Rasheed Ahmad alias Rasheeda (appellant) was convicted under Section 302(b), PPC to imprisonment for life with direction to pay an amount of Rs. 1,00,000/- (one lac) as compensation in terms of Section 544-A, Cr.P.C. to the legal heirs of deceased and in default of payment thereof to further undergo six months SI. Benefit of Section 382-B, Cr.P.C. was also extended to him. On the strength of same judgment three accused were acquitted from the case. 2. Appellant being dissatisfied from his conviction has approached this Court through the instant Criminal Appeal. 3. In brief prosecution’s case was that on 07.05.2014 Fayyaz Hussain s/o Ohulam Hussain (PW-1) submitted an application (PA) to SHO where he maintained that on that night Ghulam Hussain his father was sleeping in the cattle shed whereas he/complainant, Fayyaz Hussain s/o Allah Bakhsh (PW-2) and Muhammad Amin (given up) were present in their house; at about 12:10 am (mid night) they heard steps voices and when they went in the cattle shed, in the light of torch they found present there Rasheed Ahmad alias…

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