Law:

Section: 364-A, 302 & 34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 364-A, 302 & 34--Conviction and sentence recorded against accused by Special Court--Challenge to--Circumstantial evidence--Utmost care and caution is required for reaching at a just decision of the case--Validity--In such like cases every chain would be linked with each other and it would form such continuous chain that its one and touches the dead body and other end would touch the neck of the accused--But if chain is missing then its benefit must go to the accused. 1992 SCMR 1047, 1996 SCMR 188 & PLJ 1999 SC 1018, ref. Last Seen Evidence-- ----Related witnesses--Appreciation of evidence--First prosecution witness was resident of the place which is at a distance of thirty five k.m. from the place of occurrence, whereas, the second PW was resident of the same area and was maternal uncle of the deceased--It was mentioned in FIR that he was with the complainant when he received call from the deceased on the day of occurrence--Had the witnesses seen the deceased in the company of the accused, they must have informed the complainant about this fact because they were closely related to the deceased--No reason as to why they did not inform the complainant because the complainant had admitted in cross examination that his whole family was worried and searching the child--No reliance can be placed on the piece of evidence. 2010 SCMR 495, rel. Extra-judicial confession-- ----Extra-judicial confession is a weak type of accused who was going to make extra-judicial confession, must expect some favour from the person before whom he made confession but in the instant case there was no such circumstances which could suggest that appellants were having any hope to expect favour from prosecution witnesses before whom they allegedly made extra-judicial confession. Recovery of wrist watch-- ----Not mentioned in FIR--Recovery of a wrist watch from accused which was taken into possession and recovery of chain and locket from the accused which had been taken into possession--Complainant had not mentioned in FIR that his son having any wrist watch and locked rather he mentioned the clothes which were worn by him, therefore, no…

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