Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Appreciation of evidence---Benefit of doubt---Prosecution had failed to prove the motive behind the occurrence---Medical evidence had not fully supported the prosecution version---Identification of accused in the light of a lantern at the relevant time in dark hours of night was highly doubtful, which was considered to be a weak source to identify a person under stress and emotion---Eye witnesses who had made contradictory statement had not in fact seen the actual murderers and they had been established on record to have themselves been involved in criminal cases previous to the present occurrence---Nothing incriminating had been recovered at the instance of accused during investigation---Uncorroborated ocular testimony could not be implicitly relied upon---Accused were acquitted on benefit of doubt in circumstances. Ali Nawaz .v. The State 1988 PCr.LJ 1736; Gullan v. The State 1990 MLD 1110 and Muhammad Arshad v. The State PLD 1995 SC 475 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Identification of accused in the light of lantern---Scope---Source of light of a lantern in a dark night is considered to be a weak source to identify a person under stress and emotion. Ali Nawaz v. The State 1988 PCr.LJ 1736; Gullan v. The State 1990 MLD 1110 and Muhammad Arshad v. The State PLD 1995 SC 475 rel. THIS JUDGMENT DELIVERED BY: HASNAT AHMAD KHAN, J.--- Ali Sher and his brother Sarfraz alias Sharaf appellants were tried by the learned Addl. Sessions Judge, Sahiwal in case F.I.R. No. 123, dated 26-3-1996 registered at Police Station Harappa Distt. Sahiwal in respect of offence under section 302/34, P.P.C. Vide judgment, dated 22-5-2000, the said learned Addl. Sessions Judge convicted the appellants under section 302(b)/34, P.P.C. for committing Qatl-e-Amd of Mst. Shehnaz and sentenced each one of them to suffer imprisonment for life. Both the appellants were further directed to pay compensation of Rs.50,000 each to the legal heirs of the deceased and in default thereof to undergo R.I. for Six months. Benefit of the provisions of section 382-B, Cr.P.C. was also granted to the appellants. Being aggrieved of the…

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