Law: Penal Code (XLV of 1860)

Section: 302(b)/34

(a) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)/34---.---Qatl-e-amd---.---Appreciation of evidence---.---Benefit of doubt---.---Explanation offered by the complainant for not having reported the matter to police for seven days, as he had remained busy in the treatment of his deceased brother, was neither plausible nor acceptable---.---No crime empty having been recovered from the spot, recovery of guns at the instance of accused was of no consideration---.---Eye witnesses were not present on the spot at the time of occurrence---.---Complainant had got the case registered after seven days of the occurrence with due consultations and deliberations and substitution of the accused with the real culprits could not be ruled out---.---Motive alleged by prosecution was vague---.---Prosecution had to suffer for any negligence on the part of the police---.---Benefit of the slightest doubt in the case had to be given to the accused, whereas all the circumstances narrated by the prosecution had created doubts in the story---.---Accused were extended benefit of doubt and acquitted in circumstances. Imran Ashraf and 7 others v. The State 2001 SCMR 424; Noor Muhammad v. The State and another 2010 SCMR 97; Muhammad Saleem v. The State 2010 SCMR 374 and Muhammad Akram v. The State 2009 SCMR 230 ref. (b) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)/34---.---Qatl-e-amd---.---Appreciation of evidence---.---Benefit of doubt, extension of ---.---Principle---.---Benefit of every doubt created in the case must be given to accused as a matter of right and not as a matter of grace---.---Many circumstances creating doubts were not necessary in this regard---.---Single circumstance creating reasonable doubt in a prudent mind about the guilt of accused would 'twice him entitled to its benefits, not as a matter of grace and concession but as a matter of right. Muhammad Akram v. The State 2009 SCMR 230 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ANWAR BHAUR, JUSTICE:---.--- Shafique Shah son of Bashir Shah, Rang Shah and Shoqeen Shah alias Shaeel Shah sons of Yasin Shah were tried by learned Additional Sessions Judge, Pattoki, District Kasur for the murder of Atta Muhammad Shah…

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