Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Prosecution witness, who according to her evidence, had seen accused for a moment, four and half years ago, had claimed that she had identified accused---Such identification after four and half years, could not be relied upon---No impeachable circumstances being available to believe chance witness, his evidence should be overlooked---Date of incident was doubtful---Prosecution had failed to bring on record other evidence to fill the lacuna of medical evidence---Recovery of blood-stained clothes of accused was effected about 18 days after incident---Investigating Officer had also not recorded the statement of owner of house/flat in question to recognize accused as his tenant---Evidence of Mashir of recovery, was also contradictory---Alleged recovery having lost all its confirmatory values same could not be relied upon---Investigating Officer, while conducting the investigation, had failed to discharge his duty honestly and properly---Investigating Officer, also failed to examine/interrogate the main character of prosecution story, who approached the complainant for hiring his flat---Prosecution, in circumstances had failed to make out a case of murder of deceased against accused without any shadow of reasonable doubt---Conviction and sentence of accused were set aside, he was acquitted and released extending him benefit of doubt. Nazo alias Ali Nawaz v. The State 1977 SCMR 20; Naqibullah and another v. The State PLD 1978 SC 21; Rehmat alias Rehman alias Waryam alias Badshah v. The State PLD 1977 SC 515; Jafar Shah and others v. The State 1988 PCr.LJ 205 and Muhammad Yousuf v. The State 2003 YLR 2136 ref. JUDGMENT FAROOQ ALI CHANNA, J.---The appellant has filed instant criminal, appeal against the judgment dated 26-9-2009 passed by IVth Additional Sessions Judge, Karachi, (East), convicting the appellant under section 302(b), P.P.C., in Sessions Case No.690 of 2004, culminated F.I.R No.215/2004, Police Station Shah Faisal Colony, Karachi, under section 302, P.P.C., sentencing him to imprisonment for life and to pay Rs.50,000 as compensation to the legal heirs of…

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