Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to the complainant to consider further the grounds upon which High Court had founded the acquittal of accused. (b) Penal Code (XLV of 1860)--S.302---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---Out of six accused named in the F.I.R. some were placed in Col. No.2 of the challan, some were acquitted by the Trial Court and one of them i.e., the present accused, although convicted by the Trial Court had been acquitted by the High Court---Parties admittedly had previous ill-feelings and the injured eye-witnesses were related to the deceased---Intrinsic and probative value of the ocular account stood eroded by its rejection to some extent by the Investigating Agency and to some extent by the Trial Court by acquitting the five accused in the case---Such type of evidence could not be safely relied upon without corroboration from an independent source in view of its interested nature and other indicated flaws therein--­Accused had been rightly given the benefit of doubt by the High Court and no valid justification had been shown for interference by Supreme Court---Appeal against acquittal of accused was dismissed accordingly. (c) Criminal trial-- ---- Benefit of doubt---Benefit of doubt is to be given as of right to the - accused in a criminal case. Aitzaz Ahsan, Advocate Supreme Court for Appellant. Hamid Khan, Advocate Supreme Court for Respondent No. 1. Date of hearing: 28th February, 2000. JUDGMENT ABDUR REHMAN KHAN, J.---Initially, six accused, including respondent Safdar Ali, were charged in the F.I.R. for the murder of Abdul Rasl;id and for the murderous assault over complainant Muhammad Asghar (P.W.12) and his brother Muhammad Aslam (P.W.10). The charge framed by the learned trial Court reads as under:-- "I, Muhammad Fayaz Ahmad Khawaja, Additional Sessions Judge, Gujrat do hereby charge you as under:-- Firstly, That on 22-3-1987 at 8-00 a.m. in the area of Tanda Road Adda Kharian near Muhammadi Hotel Police Station Jalalpur Jattan, District Gujrat you namely Muhammad Safdar armed with .12 bore gun,…

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