Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/353---Qanun-e-Shahadat (10 of 1984), Art.38---Qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty---Confession before Police Officer---Appreciation of evidence--Benefit of doubt---Magistrate recorded statement under S.164, Cr.P.C. of the witnesses, but no identification parade was held---Mere recovery of any unlicensed T.T. Pistol from accused, without anything more could not throw light on the identity of accused in the case---No description of accused was given by the police party---Firing was alleged against 4/5 persons---No specific role was assigned to accused by the Police and he was implicated in the case without any material---Extra-judicial confession about commission of offence before Police Officials had no value in the eyes of law---Single circumstance was sufficient to give benefit of doubt to accused, but in the present case, there were number of circumstances to believe that implication of accused was baseless and without any material---Prosecution having failed to establish its case against accused beyond reasonable doubt, he was acquitted, in circumstances. JUDGMENT GHULAM SARWAR KORAI, J.---This appeal is directed against the judgment dated 22-11-2005, passed by the Court of learned Additional District and Sessions Judge-I, Karachi South, whereby the appellant was convicted for offence punishable under section 302, P.P.C. to suffer rigorous imprisonment for life. He was also convicted to suffer rigorous imprisonment for two years under sec-tion 353, P.P.C. He was given benefit of section 382-8, Cr.P.C. The facts of the case are that Sub-Inspector/S.H.O. Mirza Haque Nawaz of Police Station Garden Karachi sent a letter on 18-5-1995 through PC Muhammad Safdar No.4003, at Police Station Garden, which was incorporated in the F.I.R. According to letter he along with HC Muhammad Ishaq 315, PC Zafar Igbal 6375, PC Muhammad Jehangeer 1236, Driver PC Zafar 4650 were on patrolling of the area and were coming from Garden Chowk. At about 1925 hours. When they reached near the Nishtar Road, Bagh-ul-Jamait Khana, inside the street suddenly four or five young boys started firing with…

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