The prosecution witnesses had not made a definite improvement on the version given in the Fard bayan (Exh.PA) and private complaint (Exh.PD). No doubt, beyond every reasonable doubt, the prosecution has to establish the charge. Still, the law does not insist that the prosecution proved the same with arithmetical accuracy as it is not always possible for the witness to give photographic memory or description owing to human limitations.-

  The appellant was prosecuted, convicted and sentenced under Section 302(b) P.P.C. by the learned Addl. Sessions Judge, Chiniot------------There is no delay in reporting the incident and lodging the FIR, which is prompt in the facts and circumstances of the case.---------- The eyewitness account is corroborated by the medical evidence.-------The prosecution witnesses had not made a definite improvement on the version given in the Fard bayan (Exh.PA) and private complaint (Exh.PD). No doubt, beyond every reasonable doubt, the prosecution has to establish the charge. Still, the law does not insist that the prosecution proved the same with arithmetical accuracy as it is not always possible for the witness to give photographic memory or description owing to human limitations.-----------The cross-examination conducted by the learned counsel for the defence reveals that the defence indirectly admitted the motive part of the evidence.------------However, we have observed the factors which have persuaded us not to uphold the capital sentence of the appellant as neither number of motorcycle (P-3) was mentioned in FIR or the private complaint, nor ownership of the motorcycle (P-3) was brought on the record and no crime empty was recovered from the place of the occurrence, so recovery of Rifle 244 bore (P-4) is of no consequence.--------- As the appellant has been convicted and sentenced to death for the murder of Noor Muhammad, the deceased, in such an eventuality, the same can be considered a mitigating circumstance.---------Based on the grounds discussed hereinabove, we believe that mitigating circumstances exist about the quantum of the appellant's sentence. Therefore, in our view death sentence awarded to the appellant is quite harsh.----------The well-recognized principle is that the accused is entitled to the benefit of the doubt as an extenuating circumstance while deciding his question sentence.------Resultantly, the appeal, filed by the appellant, Raiz is dismissed. However, his (the appellant's) death sentence is converted into imprisonment for life.

Jail Appeal
43590/19
Riaz . Vs The State etc.
Justice Miss Aalia Neelum
14-11-2022
2022 LHC 8343