Law: Penal Code (XLV of 1860)

Section: 302/34

Pakistan Penal Code, 1860 (XLV of 1860)-- — - S. 302/34--Murder-Offence of--Conviction and sentence-Appeal against-Inquest report, before word " (jt l> " has been made into " (jfc l>" and state counsel conceded to this fact-Signature of doctor are on last line of all pages of inquest report-Inquest report was recorded later on after getting post-mortem report, so all the alterations were done by 1.0. in order to make it in line with statements of witnesses with post-mortem / report-Two persons had fired at spot but no crime empty was recovered- _ v No recovery was effected from appellant and he was also found innocent by three/four investigating agencies-Though opinion of Police is not binding on Court, but due to peculiar circumstances of case its has become relevant for acquittal of accused-Moreover, no recovery was effected from appellant, his case is doubtful-Complainant party had been changing his version regarding place of injury before two Courts below in Special Court A.T.A where case earlier heard and then on remand complainant party again changed version which has been mentioned above-Complainant and PW-6 and 7 had given specific place of seat of injuries of deceased in FIR and in their statements recorded u/S. 161 Cr.P.C. respectively which are contradicted with medial evidence-This is reason that even I.O being dishonest has been altering word either i " V "or word  Moreover, prosecution failed to prove motive in this case-Eye-witnesses were not present at spot, though there was no previous background of enmity between parties but presence of eye­witnesses is totally doubtful, conviction cannot be awarded or maintained . on capital charge on this short ground-Reasons for false implication of appellant was that in fact it was appellant party who had filed civil suit against complainant party and in order to blackmail and pressurize them and to teach them lesson this false case was registered against appellant-Held it is case in which there are so many doubts and benefit of same always goes in favour of accused not as matter of grace but as matter of right-Granting benefit appeal accepted. [Pp. 437…