Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Pakistan Penal Code, 1860

Section: 302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 140,153,38

(a) Criminal Procedure Code (V of 1898)--- ----S. 154---Qanun-e-Shahadat (10 of 1984), Arts. 140 & 153---F.I.R., its probative value---F.I.R. itself is not a substantive piece of evidence unless its contents are affirmed on oath and subjected to the test of cross-examination-­F.I.R.; in view of the provisions of Arts. 140 & 153 of the Qanun-e­-Shahadat, 1984, is a previous statement which can be used for the purpose of contradicting and corroborating its maker---- So long as F.I.R. is not proved in accordance with the law, it is as such no evidence and, therefore, cannot be taken as a proof of anything stated therein. (b) Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art.38---Appreciation of evidence ---F.I.R. was based on the statement made by the accused before the police tending to incriminate him with the offence charged with, which was inadmissible in evidence by virtue of Art. 38 of Qanun-e-Shahadat, 1984--­Discovery of the house at the instance of the accused where the dead body was found could prove nothing but his knowledge about the place of occurrence---Recovery of shot gun from the possession of accused and empties from the spot as well as positive report of the Ballistic Expert might, at their best prove the use of the shot gun in the commission of the crime, but in no manner could prove that the same had been used by the accused in the commission of the offence---Even otherwise, Ballistic report had no value as the shot gun and the empties had been despatched to the Ballistic Expert after a delay of one month---Necessary witnesses having not been examined in the case either during the investigation or in the Court, tile story about the motive for the occurrence appeared to be false and fictional---Neither any direct evidence was forthcoming to connect the accused with the crime, nor any circumstantial evidence incompatible with his innocence was available on record---Accused was acquitted on benefit of doubt in circumstances. JUDGMENT EJAZ AFZAL KHAN, J.--Muhammadullah son of Abdullah resident of Jehangira, District Swabi having been charged under section 302. P.P.C. vide F.I.R. No.652 dated 18-9-1995, Police…

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