Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 148 & 149---Qatl-e-amd, rioting armed with deadly weapon, offence committed by member of unlawful assembly in prosecution of common object---Appreciation of evidence---Benefit of doubt---Complainant's argument that he could not nominate the accused in F.I.R. due to shock and trauma was not convincing especially in view of delay of 8 hours in lodging of F.I.R. ---Had complainant and the eye-witnesses identified the real culprit at the time of occurrence they would have nominated him in the F.I.R.---Eye-witnesses were not present at the place of occurrence---Evidence of witnesses could not be believed as they made dishonest improvements by introducing availability of electric bulb which they omitted to mention in the F.I.R.---Prosecution had failed to substantiate the alleged motive--Where prosecution set up a motive but failed to prove the same, prosecution, and not the accused, would suffer the consequences---Report of the S.H.O. to Police high-ups for sniffer dogs and foot trackers to trace the real accused severely dented complainant's claim of nominating the accused in supplementary statement on the same day---Failure of prosecution to produce opinion of the doctor as to capability of the injured to record the statement and recovery of hatcket without blood stains created doubts about accused's involvement in the commission of crime---Benefit of doubt was extended to accused---Appeal was accepted and accused was acquitted of the charge---Murder Reference was answered in the negative and death sentence was not confirmed. Khalid Javed and another v. The State 2003 SCMR 1419; Akhtar Ali and others v. The State 2008 SCMR 6; Noor Muhammad v. The State and another 2010 SCMR 97 and Muhammad Akram v. The State 2009 SCMR 230 fol. JUDGMENT MUHAMMAD ANWAARUL HAQ, J.---Mushtaq Ahmad alias Mustafa son of Allah Ditta was tried by learned Sessions Judge, Okara for committing Qatl­-e-Amd of Rai Umar Hayat in case F.I.R. No.417, dated 22-9-2003, offences under sections 302, 148, 149, P.P.C., registered at Police Station Chuchak, District Okara. At conclusion of the trial, the learned trial Court vide judgment, dated 14-2-2005…

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