Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(ii),353

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(ii) & 353---Qatl-e-amd, attempt to commit qatl-e-amd, causing badi'ah to any person, assault or criminal force to deter public servant from discharging of his duty---Appreciation of evidence---Benefit of doubt---No specific recoveries of empties assigned to accused in the site plan had been made from the spot---Case of the prosecution was not based on the true account and laxity, indifference and neglect stood out as the hallmarks of the entire prosecution version---Statement of injured witness was recorded by the Investigating Officer after two months which itself put the prosecution version doubtful on account of recording of evidence of the star injured witness at such a belated stage---Site plan was doubtful---Important piece of evidence having been withheld by the prosecution had spoken volumes for the conduct of the prosecution---Prosecution had not been able to prove its case against accused beyond any shadow of reasonable doubt---Single circumstance which would create doubt in the mind of a prudent mind, its benefit must be extended in favour of accused---When on the same set of evidence, the co-accused had been acquitted, accused also deserved equal treatment---Impugned of conviction and sentence of accused passed by the Trial Court, were set aside and accused was acquitted of the charges levelled against him, and he was set at liberty, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---This criminal (jail) appeal is directed against the judgment dated 26-2-2010 passed by the learned Additional Sessions Judge Tank, in case F.I.R. No.85 dated 28-6-2005 of Police Station Gomal, District Tank, registered under sections 302/324/353/337-F(v)/120-B/216-A/34, P.P.C., whereby the appellant, namely, Munawar Khan son of Qadir Khan, has been convicted and sentenced as under:-- (i) under section 302(b), P.P.C. to life imprisonment with Diyat amount of rupees 9,30,000 payable to the legal heirs of the deceased Usman Ghani; (ii) under section 324, P.P.C. to ten years' imprisonment; (iii) under section 337-F(ii), P.P.C. to three years and to pay Daman of rupees 1,00,000 to the injured Amin Shah LHC and, (iv)…

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