Law: Penal Code (XLV of 1860)

Section: 302(b)/34

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Appreciation of evidence---Accused allegedly after having failed in his attempt to kill the deceased with the shot fired with his carbine, commanded his sons to do so, as a result of which the deceased lost his life---Eye-witnesses were not consistent in their statements regarding the "Lalkara" made by the accused to his sons---Conduct of accused, who was himself armed with a carbine in asking his two young sons, one of whom was juvenile and the other was about to cross such age, to murder the deceased and himself being reluctant to do so, was amazing---No crime-empty was recovered from the spot---Co- accused, who was tried as being juvenile, had been acquitted by Trial Court of the charge, disbelieving the same set of evidence---Recovery of the fire-arm from the accused after two years of the occurrence was doubtful---Abscondence of accused although was very much relevant, yet the record was silent about any measures adopted by police to arrest him---Prosecution had thrown a wider net in order to implicate all the male members of the accused family---Evidence of high quality and good standard, necessary to connect the accused with the commission of offence, was lacking in the case---Impugned judgment resulting in conviction of accused was due to misreading and non-reading of evidence and the same was set aside in circumstances---Accused was acquitted accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Appreciation of evidence---Benefit of doubt---Many instances of doubt in a case are not necessary and only one doubt about the involvement of accused is enough for his acquittal, if the same appeals to the mind of a prudent person. (c) Crime and punishment--- ----Principle---Any number of accused may escape unpunished for lack of sufficient evidence, but no innocent person should be punished for what he has not done---Doubts repel punishment. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This criminal appeal is directed against the judgment/order, dated 24-7-2004, passed by learned Additional Sessions Judge, Islamabad, whereby the appellant was convicted under section 302(b)/34, P.P.C. and was sentenced to…

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