-Re-appraisal of evidence---Petition for leave to appeal challenging acquittal of accused---High Court, while acquitting the accused persons, had rightly observed that.........

2024 SCMR 1116

SARDARAN BIBI vd State

S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Petition for leave to appeal challenging acquittal of accused---High Court, while acquitting the accused persons, had rightly observed that there were marked improvements in the depositions of the witnesses which were not in conformity with the medical evidence and these evidences were neither reliable nor confidence aspiring---Statement recorded by the petitioner (complainant) under section 161, Cr.P.C. , and the ones made by her during the trial and her cross-examination were at variance with each other which put a dent in the case and cast a shadow of doubt about the veracity of the events---High Court had also noted that as per the FIR the incident took place in the early hours of the morning i.e. 05:00am, when there was hardly any light and that there was darkness with no source of light---Two female witnesses of the occurrence were never produced during the investigation---Moreover, the High Court rightly observed that if the enmity between the parties was with regard to murder of person "H", the elder brother of the petitioner, then why the respondents (accused persons) would murder person "I" i.e. the deceased and why not son of the deceased, who was stated to be nominated in the murder of person "H" and was on bail---Investigating Officer had recommended discharge of the respondents---Present case appeared to be fraught with many doubt ful circumstances, benefit of which would naturally extend to the respondents---Impugned judgement of the High Court did not warrant any interference

 2024 SCMR 1116

SARDARAN BIBI vd State

Benefit of doubt ---Principle---For giving benefit of doubt there may not be many circumstances, as a single doubt is enough to give benefit of the same to the accused.