Law:

Section:

(a) Criminal trial--- ----Benefit of doubt---Scope---If prosecu-tion cannot prove its case beyond reasonable doubt, accused in such like cases is entitled to benefit of the same not as a matter of grace but as a matter of right. Muhammad Akram v. The State 2009 SCMR 230 rel. (b) Penal Code (XLV of 1860)--- ----S. 302 (b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Prosecution case against accused persons was fully established through evidence of two eye-witnesses, who stood test of lengthy cross-examination but their evidence could not be shattered as far as role of accused was concerned---Evidence of eye-witnesses was supported by medical evidence furnished by doctors, as well as by medico legal report, post mortem report and pictorial diagrams---Prosecution case against both accused was further corroborated by recoveries of hatchets from possession of accused, reports of Chemical Examiner and Serologist---Prosecution proved its case against both the accused beyond shadow of any doubt---Some mitigating circumstances however were found in favour of accused as cause of death of deceased was cumulative effect of injuries attributed to accused as well as to their co-accused, since acquitted---Prosecution alleged specific motive but failed to prove the same, which had created doubt to the extent of reasons due to which occurrence took place---Accused were entitled to benefit of doubt as an extenuating circumstances while deciding their question of sentence as well---High Court maintained conviction of accused under section 302(b), P.P.C. but altered death sentence to imprisonment for life---Appeal was allowed accordingly. Mir Muhammad alias Miro v. The State 2009 SCMR 1188 and Ansar Ahmad Khan Barki v. The State and another 1993 SCMR 1160 rel. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.---We propose to dispose of Murder Reference No.638 of 2006, sent by the learned trial Court, Criminal Appeal No.1321 of 2006, preferred by appellant Razzaq Ahmad, Criminal Appeal No.1318 of 2006, submitted by Zafar Iqbal appellant, Criminal Appeal No. 1319 of 2006 filed by Sher Muhammad, Muhammad Akbar, Fayyaz Ahmad, Khizar Hayat and Umar…

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