Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.302, 148 & 149---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd, rioting, common object---Appeal against acquittal---Appreciation of evidence---Presence of prosecution witness at the place of incident was highly doubtful---Complainant as well as other prosecution witnesses deposed in their evidence that accused persons fired upon the deceased, but the medical report had shown that deceased sustained only one firearm injury---Complainant party claimed to have identified accused persons on torch light, which was a weak type of evidence; and even said torch was not produced before the Investigating Officer---Police recovered one empty bullet from the place of incident, but same was also not produced by the Investigating Officer during the trial---In the present case there were many circumstances to create doubt in the prosecution case---Trial Court, in circumstances, had rightly passed impugned which did not suffer from any legal infirmity---Appeal was dismissed. Inayatullah Butt v. Muhammad Javaid and 2 others PLD 2003 SC 563 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Principles---Appeal against acquittal had distinctive features from appeal against conviction; and approach to deal with appeal against conviction was distinguishable from the appeal against acquittal, because presumption of double innocence was attached in the appeal against acquittal---Order of acquittal could only be interfered when it was found on the face of it as capricious, perverse, arbitrary or foolish in nature, which did not appear in the present case---If single circumstances would create doubt in the prosecution case, its benefit must be extended to accused as a matter of right. ORDER AFTAB AHMED GORAR, J.---Through this appeal, the appellant has assailed the Judgment dated 22-11-2011 passed by the learned IIIrd Additional Sessions Judge Shaheed Benazirabad in S.C. No.33 of 2008 re State v. Mir Hassan and others in Crime No.114 of 2007 of Police Station Daur for offences punishable under sections 302, 147, 148, 149, P.P.C. whereby the respondents Nos.1 to 4 have been acquitted. 2.…

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