Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)/34---Appreciation of evidence---" Last seen" evidence was of no help to prosecution as the prosecution witnesses did not know the person who had taken the deceased with .him from his shop---Fair identification parade having not been held by the prosecution, the objection of accused of having been shown to the witnesses by the police had assumed significance and the same could not be used against him--­Extra-judicial confession allegedly made by accused after five months of the incident was doubtful, particularly when the witnesses were neither related to the complainant nor they had any influence over the police to let him off from the case---Medical evidence was unable to lend any corroboration to the said extra-judicial confession of the accused--­Accused having not been linked with the motorcycle by the prosecution, its recovery also did not give any support to his confession---Ballistic Expert's report being in the negative, recovery of the crime weapons from the accused was not of any consequence---Benefit of doubt was extended to the accused in circumstances and they were acquitted accordingly. Kirir v. State PLD 1996 Kar. 246 ref. JUDGMENT Muhammad Ramzan alias Phanna and Muhammad Abbas were tried under section 302 read with section 34, P.P.C. in case F.I.R. No.398 of 2000 registered with Police Station Kahna, District Lahore on the allegation that they on 24-9-2002 at 11-00 a.m. in furtherance of their common intention had committed the Qatl-e-Amd of deceased Muhammad Pervaiz at Kacha Shahzada Road, Kahna, District Lahore. 2. On the conclusion of trial, they vide the judgment, dated 21-3-2002 recorded by Ch. Muhammad Siddique learned Additional Sessions Judge, Lahore, were convicted under section 302(b) read with 34, P.P.C. for the same and sentenced to suffer imprisonment for life as Ta'zir each and to pay Rs.50,000 each as compensation to the legal heirs of the deceased and in default thereof to suffer further six months' S.I. each. They were extended the benefit of section- 382-B, Cr. P.C. 3. They both feeling themselves dissatisfied with the impugned judgment of their conviction and sentence have assailed the…

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