Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.417(2-A)---Appeal against acquittal---Accused were shown in the F.I.R. empty-handed at the time of occurrence---Role of committing the murder was assigned to the absconding accused, who had a quarrel with the deceased over the fare charges---Complainant and eye-witnesses had made improvements in their statements to implicate the accused in the offence, which contained major contradictions making the prosecution case doubtful against them---Trial Court had appreciated the evidence according to the principles laid down by the Supreme Court and rightly extended to the benefit of doubt in favour of accused---Appeal against acquittal of accused was dismissed accordingly. Hadi Bux v. The State PLD 1963 Kar. 805; Zaheer Din v. The State 1993 SCMR 1628; Munawar Shah v. Liaquat Hussain and others 2002 SCMR 713; Muhammad Shah v. Muhammad Raza and another 2008 SCMR 329; Farhat Azeem v. Asmatullah and 6 others 2008 SCMR 1285 and Imtiaz Asad v. Zain-ul-Abidin 2005 PCr.LJ 393 ref. JUDGMENT MAQBOOL AHMED AWAN, J.---Appellant Liaquat Aii son of Khair Muhammad has filed appeal under section 417, Cr.P.C. being aggrieved by and dissatisfied with the judgment, dated 26-3-2008 passed by learned Additional Session Judge, Sehwan in Sessions Case No.43 of 2005, Crime No.37 of 2004 registered at Police Station Bhan, under section 302, 34, 324, P.P.C. whereby the learned trial Judge acquitted the respondents Nos.1 and 2 while extending the benefit of doubt under section 265-H, Cr.P.C. Precisely facts leading to the present appeal are that appellant/complainant lodged F.I.R. at Police Station Bhan, stating therein that they are seven brothers and Deedar Ali (deceased) was his No.5 brother who was married and had his own Datsun which he used to ply on road on fare charges. He has further alleged that one week prior to the incident, said Deedar Ali took the passengers from his village towards Bhan. On the way, one Miro Rodnani boarded in his Datsun and quarrel took place between Deedar Ali (deceased) and Miro Rodnani over the fare charges. On the date of incident, complainant along with his brothers Deedar…

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