Law: Pakistan Penal Code, 1860 (XLV of 1860)-

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 302(b)--Khyber Pakhtunkhwa Arms Act, 2013, S. 15--Conviction and sentence--Challenge to--Deceased was 12/13 years old--Exact place of occurrence was not disclosed--Recovery of blood of deceased and empties were recovered positive serologist report--Unnatural death with fire-arm--Circumstantial evidence--No private witness was associated with recovery proceedings--Validity--No evidence was brought on record by prosecution to prove house to and room to be ownership of accused, or in his sole occupation--Plantation of pistol against to make prosecution’s case strong cannot be ruled out of consideration--It is by now well established proposition of law that if crime empty is sent to FSL after arrest of accused or together with crime weapon, positive report of Laboratory loses its evidentiary value--Prosecution evidence is pregnant with doubts and full of dishonest and deliberate improvement benefit of which is to be extended to accused not as a matter of grace or concession but as a matter of right--It is a settled principle of law that for giving benefit of doubt it is not necessary that there should be so many circumstances rather if only a single circumstance creating reasonable doubt in mind of a prudent person is available then such benefit is to be extended to an accused not as a matter of concession but as of right. [Para 14 & 15] D, E, F & G