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. JUDGMENT Sadaqat Ali Khan, J. Aamir Abbas alongwith Ahmad Nawaz, Irfan Abbas, Imran Abbas, Mst. Razia Parveen, Muhammad Nawaz and Allah Nawaz co-accused (since acquitted) has been tried by learned trial Court in private complaint under Sections 302, 109, 34 PPC arising out of case FIR No. 257 dated 09.07.2015 Police Station Saddar, District Bhakkar and was convicted and sentenced, vide judgment dated 29.04.2017 as under: Aamir Abbas appellant U/S. 302 (b), PPC Sentenced to death as Tazir for committing Qatl-i-Amd of Khawar…

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