Law:

Section:

Penal Code (XLV of 1860)--- ----S. 320---Qatl-e-khata---Appreciation of evidence---Two prosecution witnesses had not said anything in respect of rash and negligent driving on the part of accused---In absence of act of rash and negligent driving, accused was entitled for benefit of doubt---State Counsel had frankly conceded to the fact that since there was no direct evidence of rash and negligent driving on the part of accused, conviction and sentence awarded to accused by the Trial Court vide impugned judgment could not sustain and State Counsel did not support the impugned judgment---Conviction under S.320, P.P.C. required conclusively established act of rash and negligent driving on the part of accused, but the Trial Court had lost sight of that fact and seemingly remained oblivious of that aspect altogether---Prosecution having failed to prove its case beyond shadow of reasonable doubt, conviction and sentence, recorded by the Trial Court against accused, were set aside and accused was acquitted, in circumstances. Muzaffar Ali alias Nannah v. The State 1999 MLD 567; Noor Khan v. The State 1974 PCr.LJ 56; Muhammad Yaqoob v. The State PLD 1959 (W.P.) Kar. 30; Muhammad Akhtar v. The State 1980 PCr.LJ 103; Falak Sher v. The State 1989 PCr.LJ 2107; Tariq Pervez v. The State 1995 SCMR 1345; Muhammad Iqbal v. Abid Hussain alias Mithu and 6 others 1994 SCMR 1928; Ghulam Qadir and 2 others v. The State 2008 SCMR 1221 and Yasin alias Ghulam Mustafa v. The State 2008 SCMR 336 ref. Mahmood A. Qureshi for Appellant. Date of hearing: 13th March, 2009. JUDGMENT MUHARRAM G. BALOCH, J.---This Criminal Appeal is directed against the judgment, dated 22-5-2007 passed by the learned Vth Additional Sessions Judge, Karachi Central in Sessions Case No.287 of 2004, re: "The State v. Imdad Ali son of Haji Ishaque" under section 320, P.P.C. whereby appellant Imdad Ali son of Haji Ishaque was convicted and sentenced to suffer R.I. for three years and pay Diyat in the sum of Rs.300,000 to the legal heirs of deceased, if found, otherwise the same be deposited in the National Exchequer. The brief facts of the case as per F.I.R. are that on 1-8-2004, A.S.-I.…