Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Conduct of eye-witnesses was unnatural and the story had been concocted in order to falsely implicate the accused in the case---Occurrence had not occasioned as stated by the eye-witnesses---Ocular testimony was contradictory on material points--¬Eye-witnesses including the complainant were closely related to the deceased and had a motive for false implication of accused in the case--¬Medical evidence did not corroborate ocular evidence---F.I.R. had been lodged with the delay of more than one day---Investigation in the case was not thoroughly made---Benefit of doubt was extended to accused in circumstances and they were acquitted accordingly. Nazar Abbas Syed for Appellants. Malik Muhammad Aslam for the State. Ashfaq Ahmad Chaudhry for the State (at Courts call). Date of hearing: 12th October, 2001. JUDGMENT This criminal appeal has been directed against the judgment, dated 11-11-1998 passed by the learned Additional Sessions Judge, Jhang in case F.I.R. No. 811 of 1996, dated 24-12-1996 under sections 302/148/149, P.P.C. registered with Police Station Saddar Chiniot, District Jhang, whereby the appellants were convicted under section 302(b), .P.P.C. and sentenced to life imprisonment each. However, benefit of section 382 B, Cr.P.C. was extended to all the appellants/accused persons. 2. Brief facts of the case are that the complainant lodged F.I.R. on the allegations that he had to take the price of mare from Altaf, Nawaz and Riaz, sons of Habib of the same village. His brother Allah Yar had quarrelled with Altaf, Nawaz and Riaz in connection with the same price of the mare. On 22 12 1996 at about 4 00 p.m., he alongwith Allah Yar, Muhammad Ashraf son of Bahadar and Mst. Naziran wife of Allah Yar went to the house of Altaf, Riaz and Nawaz for receiving the amount in question. Altaf stated that some time was needed for arranging the money and Allah Yar should stay with them and the rest should go. Therefore, the complainant, Muhammad Ashraf and Mst. Naziran came back. The complainant further stated that Allah Yar did not come back till 7 00 p.m., therefore, Muhammad Ashraf and Mst. Naziran…

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