Law:

Section:

(a) Penal Code (XLV of 1860)--S.302---Appreciation of evidence---Ocular version was not consistent with medical evidence---Eye-witnesses were not reliable and their presence at the spot was doubtful---Recovery of gun from accused after 13 days of his arrest and matching of pieces of butt recovered from the spot with the said gun was highly doubtful---Evidence of motive was not satisfactory---Defence plea, even if not proved, was sufficient to cast doubt on the credibility of the prosecution case which was even otherwise was also doubtful---Accused was acquitted on benefit of doubt in circumstances. Abdul Rehman v. The State 1983 SCMR 958; Ali Sher v. State PLD 1980 SC 317 and Khalid Javid v. State 1984 PCr.LJ 100 ref. (b) Penal Code (XLV of 1860)--- ----S.302---Burden of proof---Prosecution is duty bound to prove the case agai0st accused beyond doubt and this duty does not change or vary in the case in which any defence plea is taken. (c) Penal Code (XLV of 1860)- ----S.302---Defence plea---Defence plea is to be considered in juxtaposition with prosecution case and in the final analysis if defence plea is proved or accepted then prosecution case would stand shattered and discredited---If defence plea is substantiated to the extent of creating doubt in the credibility of the prosecution case that would be enough but in case it is not established no benefit accrues to the prosecution on that account and its duty to prove the case beyond doubt would not be diminished even if defence plea is not proved or is found to be palpably false. Ali Sher v. State PLD 1980 SC 317 and Khalid Javid v. State 1984 PCr.LJ 100 ref. JUDGMENT SAJJAD ALI SHAH, J.---This appeal with leave of the Court calls in question judgment dated 25-3-1991 of Division Bench of Lahore High Court, whereby Cr. Appeal No.936 of 1988 is dismissed with modification that death sentence awarded to appellant herein is reduced to life imprisonment while maintaining sentence of fine and compensation and in consequence Murder Reference No.213 of 1988 for confirmation of death sentence is rejected. Cr. Revision Application No.669/88 filed by the complainant against acquittal of co-accused by the trial Court is…

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