Law: Penal Code (XLV of 1860)

Section: 302(b),148,149

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Criminal trial-------Conviction---Benefit of doubt---Principle---Conviction must be based and founded on unimpeachable evidence and certainty of guilt---Any doubt arising in the prosecution case must be resolved in favour of the accused.Wazir Mohammad v. The State 1992 SCMR 1134 and Shamoon alias Shamma v.The State 1995 SCMR 1377 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of three hours and thirty five minutes in reporting the crime---Consequential---Accused was charged for committing murder of the son of complainant by firing---Record reflected that occurrence in this case allegedly took place on 22.08.2018, at 03:40 p.m. whereas the matter was reported to the police at 07:15 p.m.---Distance between police station and the place of occurrence was thirteen kilometers---Delay of about 03 hours and 35 minutes reporting the crime to the police was not plausibly explained--Both the witnesses of ocular account did not utter even a single word about the said delay before the Trial Court---Therefore, inordinate delay in setting the machinery of law in motion spoke volumes against the veracity of prosecution version---Appeal against conviction was allowed, in circumstances.Altaf Hussain v. The State 2019 SCMR 274; Abdul Ghafoor v. The State 2022 SCMR 1527 and Pervaiz Khan and another v. The State 2022 SCMR 393 rel.(c) Penal Code (XLV of 1860)-------Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of 12 to 18 hours in conducting autopsy---Consequential---Accused was charged for committing murder of the son of complainant by firing---Undisputedly, there was a noticeable delay in conducting autopsy of the dead-body of deceased because Medical Officer stated in his examination-in-chief that the time elapsed between death and postmortem examination was 12 to 18 hours---Such noticeable delay was normally occasioned due to incomplete police papers necessary to be handed over to the Medical Officer to conduct the postmortem examination of dead body of the deceased which…