Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), Ss.364 & 164---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Recording of confession by Magistrate---Mandatory requirements---Incident was an unseen occurrence and no direct or circumstantial confidence inspiring evidence was available, which could reasonably connect accused persons with the commission of offence, except confessional statement of one of accused persons---Trial Court. had recorded conviction of all three accused persons on the basis of confessional statements recorded under S.364, Cr.P.C.---Questionaire was not available wherefrom it could be gathered as to whether such questions or answers were recorded by the Magistrate or not; and if any questions were put to the accused making confession, what were his answers to such questions---In absence of said questionaire and its answers, which were part of confessional statement; and mandatory in nature would make the confessional statement incomplete and weak evidence; which could not be safely made a basis for awarding capital punishment to accused persons---Narrative part of confessional statement, did not bear any time or date which was not only exculpatory in nature, but also contradictory to statement of prosecution witness---Prosecution had suppressed material facts and the occurrence was shrouded in mystery; it could be safely concluded, in circum­stances, that either it was a case of no evidence or the occurrence did not take place in the manner as shown---Prosecution had failed to prove its case against accused persons beyond any shadow of doubt---Accused was acquitted of the charge by extending them benefit of doubt---Conviction and sentence recorded by the Trial Court, were set aside and they were - acquitted and were set free, in circumstances. PLD 1979 Pesh. 215; 2003 PCr.LJ 1264; PLD 1990 Pesh. 92; "Naseem Akhtar v. State 1999 SCMR 1744; Bagh Ali v. Muhammad Anwar and others 1983 SCMR 1292; Murtaza and 2 others v. State 1996 PCr.LJ 358 and Khalid Javed and another v. The State 2003 SCMR 1419 ref. JUDGMENT MIAN FASIH-UL-MULK, J.---Appellants Abid Ali son of Ali Farman, Tahir son of Haroon…

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