Law: Penal Code (XLV of 1860)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)------S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--It is case of prosecution that due to a dispute of water on irrigation, incident took place--However, only tube well is shown in passage--However, agricultural land belonging to accused side has not been shown in unscaled and scaled site-plans--The prosecution failed to explain delay in reporting incident and what complainant did for 07 hours--This aspect of matter is sufficient to cast doubt about authenticity of F.I.R--This creates serious doubt about genuineness of prosecution story, including complainant’s presence at scene of occurrence--Delays in lodging FIR often result in embellishment, a creature of an afterthought--If both appellants were taken into custody by Investigating Officer after 10/15 days of occurrence, it becomes which creates doubt about entire proceedings of recoveries of weapons of offence--So, positive report of Punjab Forensic Science Agency is of no consequence to prosecution--The prosecution has failed to establish its case--The truth was seen buried under debris, and a different story was structured perhaps to lug appellants into trial under serious offense--It is often said “that Fouler crime higher decree of proof”--Court have gone through process of keen examination of entire material and found compelling reasons, as stated above, to disagree with conclusion recorded by Additional Sessions Judge also found that prosecution had miserably failed to prove guilt of accused/appellants beyond reasonable doubt--Per dictates of law, benefit of every doubt is to be extended in favor of accused--Appeal accepted.2009 SCMR 230.JUDGMENT:MISS AALIA NEELUM, CHIEF JUSTICE:---.---(1) Abid Ali, (2) Tariq Ali, sons of Pervaiz, and (3) Muhammad Arshad son of Bashir Ahmad, all Dogar by Caste, residents of Saidpur Tehsil and District Kasur, have assailed their convictions and sentences recorded by the learned Additional Sessions Judge, (MCTC), Kasur vide judgment dated 07.12.2019, in a private complaint filed under Sections 302, 201, 109, 148, 149, PPC P.S. Khudian, District Kasur titled “Haji Akbar Ali vs. Abid Ali, etc.” in a State case…