Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Circumstantial evidence---Benefit of doubt---Entitlement of accused---Scope---Allegation against accused/appellant was that he had taken deceased from his house and when deceased did not return then during search his dead body was found in a deserted house---Trial Court convicted and sentenced accused to life imprisonment whereas two co-accused were acquitted---High Court upheld the finding of Trial Court---Validity---No direct or ocular evidence was available against accused and entire case against him rested on circumstantial evidence---Circumstances though at the most corroborated version of complainant qua the murder of deceased but the same did not connect accused with crime--Circumstantial evidence, that is, last seen evidence and weak motive, suffered from many infirmities and it was not worth credence---Evidence showed that some articles belonging to a lady were found in the house where dead body of deceased was lying and according to medical evidence some scratches of nail were found on the . body under one of the injuries, which led to fact that murder had taken place in mysterious manner---High Court, instead of drawing inference in favour of accused on principle that accused was entitled to any doubt arising from prosecution case, had drawn inference in favour of prosecution and against accused; which was against principles of administration of criminal justice---Two co-accused had been acquitted by Trial Court on evidence almost of the same standard as against accused---Prosecution, in circumstances, had failed to prove case against accused beyond reasonable doubt---Appeal was allowed. JUDGMENT MIAN SHAKIRULLAH JAN, J. ---The appellant through the instant appeal, has questioned the legality and propriety of his conviction under section 302(b), P.P.C. and sentence of imprisonment for life and a compensation of Rs.1,00,000 (Rupees one lac only) to be paid to the legal heirs of the deceased with a benefit of section 382-B, Cr.P.C. 2. The relevant facts had already been given in para.3 of the leave granting order, which reads as under:--…

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