Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 114, 34

Law: Sindh Arms Act, 2013

Section: 23(1)(A), 173, 87, 88, 342, 374

Law: Code of Criminal Procedure, 1898

Section: 199

Law: Constitution of Pakistan, 1973

Section: 129

Law: Qanun-e-Shahadat Order, 1984

Section:

) SUMMARY This is a murder case arising out of FIR No.37/2018 under Sections 302(b), 114, 34 PPC along with connected proceedings under Section 23(1)(A) SAA, 2013. The appellant was convicted and sentenced to death for allegedly murdering Mubarak over a dispute, while a co-accused was acquitted. The prosecution case mainly relied on ocular witnesses (informant and alleged eyewitness), recovery of a pistol, and FSL report. The High Court found serious contradictions between the FIR, witness statements, medical evidence, and police version. The key eyewitness was treated as a chance witness, recovery was disbelieved due to mashir denial, FIR was delayed without explanation, motive was weak, and no independent witnesses were produced despite a populated locality. Medical evidence also did not fully support the prosecution version. Applying the rule of benefit of doubt, the Court acquitted the appellant and dismissed the State’s acquittal appeal as well. 2) SECTIONS USED (NUMBERS ONLY) 302(b), 114, 34 PPC, 23(1)(A) SAA 2013, 173 CrPC, 87 CrPC, 88 CrPC, 342 CrPC, 374 CrPC, Article 199, Article 129 Qanun-e-Shahadat Order 1984 3) CASE DESCRIPTION (2 WORDS) Evidence Doubt       J U D G M E N T  By this common judgment, we intend to dispose of instant Criminal Appeal, Criminal Acquittal Appeal and Confirmation Case. Through the Crl. Appeal, the appellant has impugned the Judgment dated 13.09.2024 passed by the learned Sessions Judge, Sujawal in Sessions Case No.11 of 2023 arising out of the FIR No.37/2018 U/s 302, 114, 34 PPC of PS Ladiyun; whereby the appellant was convicted for offence punishable under Section 302(b) PPC and sentenced to death and was ordered to hang by neck till he is dead. He was also liable to pay compensation to the tune of Rs.500,000/- to the legal heirs/walis of deceased Mubarak, failing which he shall undergo further S.I. for six months. Whereas, through Crl. Acquittal Appeal, the State challenges impugned order dated 13.09.2024 passed by learned Sessions Judge, Sujawal in Sessions Case No.08 of 2023 arising out of the FIR No.38/2018 U/s 23(1)(A) SAA, 2013 registered at PS Ladiyun; whereby Respondent/present appellant…