Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Benefit of doubt--Motive of occurrence in civil litigation--FIR was lodged with delay of 2-3 hours--In such eventuality, photographic narration of incident by eye-witnesses attributing each injury individually to each 6f accused appellant, and co-accused in an t extrerne crisis and panic situation is not only improbable arid unbelievable rather shatters their credibility--Names of accused are not mentioned specifically in both site plans which also do not show houses of eye-witnesses around place of occurrence--They were chance witnesses, but have failed to establish their presence at time of occurrence at place of occurrence with their stated reasons--Motive of occurrence is civil litigation which is double edged weapon and can cut both ways--In present case if alleged motive could proper appellant into aggression against deceased, at same time it is equally possible that same background of enmity could prompt above mentioned eye-witnesses to falsely implicate present appellant and his co-accused (since acquitted) in this case so we do not believe this motive--Appeal accepted. [Pp. 821 822] A, B C 2019 SCMR 2006, 2014 SCMR 1698 2005 YLR 1629. Benefit of doubt-- ----Principle--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. [P. 822] D 2009 SCMR 230. ORDER Report on behalf of Regional Director, Anti-Corruption Establishment, Dera Ghazi Khan Region filed. 2. Through this petition, the petitioners Shams-ul-Islam and Munawar Iqbal seek their release on post…

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