Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Law: Penal Code (XLV of 1860)

Section: 302/324

(a) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Penal Code (XLV of 1860), Ss.302/324---Qatl-e-amd and attempt to commit qatl-e-amd---Appeal against acquittal---Benefit of doubt---Prosecution did not examine the injured person in the case without any legal excuse giving rise to the presumption that had he been examined, he would not have supported the prosecution case---Said witness being eye-witness was very much material as he was injured---Other person who was material, had died being victim of incident, whereas other eye-witnesses including the complainant, were inter se closely related and were bound to support each other---Secured weapons and empties were not sent to the expert, while the blood stained material though referred to the expert but being delayed by a term of more than two years in point of dispatch thereof, could hardly carry any weight---Prosecution had failed to prove the guilt of accused beyond shadow of any reasonable doubt---Trial Court, in circumstances, had acquitted them on the ground of benefit of doubt in the interest of justice---Acquittal judgment of like nature would make a case of accused as one of presumption of double innocence---State Counsel had not been able to satisfy the court that impugned judgment suffered from any error or illegality based on non-application and misreading of the produced material of the prosecution causing miscarriage of justice---Appeal was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Benefit of doubt---Simple circumstance, as a matter of law, which would create doubt as to the guilt of accused to the offence, he was charged with, was sufficient to make him entitled to acquittal. Tariq Parvez v. The State 1995 SCMR 1345; Ilyas v. The State 1997 SCMR 25 and Ghulam Qadir and others v. The State 2008 SCMR 1221 ref. JUDGMENT SYED ZAKIR HUSSAIN, JUSTICE:---.--- This acquittal appeal has been preferred by the State, the appellant, against the judgment dated 2-8-1995, delivered by the learned Special Court, STA, Larkana/Sukkur Divisions, Shikarpur, in Special Case No. 100 of 1994,…

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