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JAFFAR HUSSAIN versus KHUSHI MUHAMMAD


Section 302/109/34 Criminal Code of Conduct (v. 1898), benefit of the appellate suspect against section 417 (2A) being bad, no recovery of the weapon of crime from the accused was found in the accused during the investigation. The accused had nothing to do with the motive. Therefore, the trial court held that in the case of the accused the right to enforce the precautionary principle and to give him the benefit of the doubt that the finding of acquittal was based on the evidence on record and, for good reason, was decided. The verdict was neither misleading nor arbitrary appeal against the fate of the accused was dismissed in the circumstances.

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