Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Appreciation of evidence---Principles---Where the statement of a prosecution witness is in consonance with the probabilities fitting in the circumstances of the case and inspires, confidence in the mind of a reasonable and prudent man then the same, even of the worst enemy of the accused, may be accepted without corroboration and where the said elements are missing then the statement of a pious man may be rejected without second thought. Haroon alias Harooni v. The State and another 1995 SCMR 1627 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Complainant had tried to improve his case on various material aspects and his statement suffered from material infirmities---Crime-empty was not proved to nave been fired at the place of occurrence and, thus, recovery of the licensed rifle did not corroborate the ocular testimony ---Possibility of the F.I.R. having been recorded after initial investigation could not be ruled out---Motive as set up by the prosecution was not proved---Presence of eye-witnesses at the scene of occurrence was not proved on record who were closely related to the deceased and whose conduct throughout the alleged transaction had been quite doubtful, unnatural and improbable---Accused was acquitted in circumstances. Haroon alias Harooni v. The State and another 1995 SCMR 1627 and Riaz Masih and Mithoo v. The State 1995 SCMR 1730 ref. (c) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Principles---One single reason would be sufficient to discard the statement of a witness if it creates reasonable doubt in a reasonable mind regarding his presence at the spot. Riaz Masih and Mithoo v. The State 1995 SCMR 1730 ref. JUDGMENT M. BILAL KHAN, J.---This Criminal Appeal No.40 of 1999 is directed against the judgment, dated 27-2-1999 passed by the learned Addl. Sessions Judge, Islamabad whereby he convicted Arshad Ali :accused under section 302, P.P.C. and sentenced him to death and a fine of Rs.20,000 or in default in payment of fine to undergo six months' S.I. and acquitted Muhammad Sadiq co-accused of the appellant from the charge under section 302/34, P.P.C.…

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