Law: Pakistan Penal Code, 1860

Section: 302(b)

PLJ 2026 Cr.C. (Note) 8 [Lahore High Court, Lahore] Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Benefit of doubt--Motive--Altercation on destroying crops--Both eye-witnesses have statedly visited deceased on his call to extend help in harvesting crop--Both were chance witnesses but have failed to establish their presence at time of occurrence at place of occurrence with their stated reasons--Motive of occurrence is; one week prior to present occurrence, appellant and deceased had altercation on destroying crop of deceased by goats of appellant but could not prove through solid evidence and has rightly been discarded by trial Court--Recovery of rifle on pointing out of appellant in absence of crime empties is inconsequential and has rightly been disbelieved by trial Court in Para 24 of impugned judgement.            [Para 4 & 5] A, B & C 2014 SCMR 1698. Pakistan Penal Code, 1860 (XLV of 1860)- ----S. 302(b)--Qatl-e-amd--Benefit of doubt--It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be circumstances creating doubt--If there is a circumstance which creates reasonable doubt in prudent mind about guilt of accused, then he would be entitled to its benefit not as a matter of grace or concession but as of right.                                                                 [Para 6] D Judgment Appellant (Abdur Razzaq alias Malangi) has been tried by learned trial Court in case FIR No. 252 dated 13.05.2005 offences under Sections 302, 34, PPC PS Sadar, Kharian and was convicted and sentenced vide judgement dated 08.09.2015 as under:-- Abdur Razzaq alias Malangi (appellant) u/S. 302(b), PPC  Sentenced to imprisonment for…