Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Complainant himself had not seen the occurrence, but on reaching there was told by some people that accused had fired at his deceased brother, which was an heresay evidence---Prior to the occurrence complainant had not seen any of the accused, nor he had any knowledge of their whereabouts, hence giving their names and complete details of their identity by him in the F.I.R. has reflected doubt on the prosecutor story and affirmed possibility of consultation, deliberation and preliminary inquiry into the matter before lodging of F.LR.---Same appeared to be the position of the other eye-witness being the son of the complainant, whose testimony was not corroborated by an independent source of unimpeachable character---Absence of any enmity between the said so called eye-witnesses and the accused alone could not stamp their evidence with truth in the given circumstances---Medical evidence had not corroborated the ocular testimony---Recovery of pistol, crime weapon, after eighteen days of the incident from road side in a partly populated area, accessible to general public, was not acceptable---Prosecution case was full of doubts---Benefit of every doubt, howsoever slight, had to go to the accused---Accused was acquitted in circumstances. Malik Muhammad Akbar v. State 1995 SCMR 693’ ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Penal code (XLV of 1860), S. 302(b)---Qatl-e-amd---Recovery---Recovery of pistol, crime weapon, after eighteen days of the incident from road side in a partly populated area, accessible to general public, was not acceptable. (c) Criminal trial--- ----Benefit of doubt, extension of---Principles---Benefit of every doubt, howsoever slight, has to be given to the accused. JUDGMENT CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Appellant Ghulam Mustafa by way of the instant appeal has challenged his conviction and sentence recorded vide judgment dated 31-1-2006 by Mr. Muhammad Boota, learned Additional Sessions Judge, Sialkot in case F.I.R. No.145 registered under section 302/34, P.P.C. with Police Station Civil Lines, District Sialkot on…

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