Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Oath Act, 1873

Section: 5

Law: Criminal Procedure Code (V of 1898)

Section: 164,364

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---No direct evidence was available in the case and prosecution evidence rested on circumstantial evidence which had totally failed to connect accused with commission of offence---Statements of two prosecution witnesses were discrepant and pregnant with serious infirmities which could not be relied upon and made basis of conviction of accused in absence of strong corroborative evidence which was lacking in the case---No direct evidence was available and accused were sought to be linked with the crime only by the statements of witnesses, confession of one of accused and recoveries---Neither evidence was led by prosecution to show place of occurrence nor accused were alleged to have been seen near any such place---Recovery of gun or matching of crime empty with the gun was not sufficient ground by itself to prove commission of murder by accused---No evidence of deceased having been last seen in the company of accused was available---Trial Court by convicting accused had placed implicit reliance on confessional statement of one of accused persons, but it had legally erred in not making its assessment in its true perspective--­Confession was recorded on oath which was hit by provisions of S.5 of Oath Act, 1873 and was not admissible in evidence---Magistrate had also failed to observe legal mandatory provisions of Ss.164/364, Cr.P.C. and the confession was recorded after three days of police custody of accused who allegedly made confessional statement---Confession was retracted, which further remained uncorroborated from other material evidence--­Motive over money affair was not found to exist between accused and deceased---Complainant had not appeared in the case, which had made prosecution story doubtful---Prosecution evidence did not inspire confidence---Occurrence was unseen and corroborative evidence was so weak, untrustworthy that it could not remove inherent defects in prosecution story---Case was based on circumstantial evidence and in the case of circumstantial evidence every chain of evidence of prosecution, must be linked with other chain of evidence of prosecution which was lacking…

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