Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(4)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34---Appreciation of evidence---Circumstantial evidence--­Where prosecution relied on circumstantial evidence, it was rule of prudence which had become rule of law by practice, that each piece of circumstantial evidence should be above-board, independently proved and connected accused with commission of crime---Such evidence in fact should be like links of the chain which would fit into each other and would lead from one end other linking crime with accused. (b) Penal Code (XLV of 1860)--- ----Ss.302(b)/34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Anti-Terrorism Act (XXVII of 1997), S.7---Appreciation of evidence---Allegation of strangulating the deceased---Pieces of rope collected by Police were not sealed into parcel---In absence of any blood-stains on said pieces of rope or in absence of any other identifying marks, it could not be concluded that same pieces were used for strangulating deceased---Such evidence was of no help to prosecution---Recovery of hand-cart not being from a place which was under exclusive control of accused and being commonly available, was excluded from consideration---Motor car owned by one of prosecution witnesses was allegedly recovered from house of other prosecution witness who, if on date of recovery of said car, was not present in the house, was not even later on examined by police as to how .said vehicle was parked in his house and as to who had brought it there---Prosecution witness in his examination-in-chief had stated that two accused were present in the said house, but their presence was not shown in recovery memo.---No witness from the public was associated with the recovery of motor car nor with the arrest of two accused from the same house---Mere recovery of motor car in absence of convincing evidence that two accused were found present and arrested, would not advance prosecution case against two accused---Arrest of accused persons was also open to serious doubt---Date of arrest of accused and place of their arrest being not certain, physical connection of two witnesses with motor car, was doubtful---Confession of accused which…

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