Law: Penal Code (XLV of 1860)

Section: 302,302(b)/34/109

(a) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Police statement---Value---statement of Investigating Officer being merely an opinion cannot be a substitute for any piece of evidence. PLD 1958 SC (Pak.) 275 and 1992 SCMR 2055 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34/109---Appreciation of evidence---Facts of the case did not suggest sharing of common intention by the accused for causing death of the deceased---Sufficient evidence connecting the accused with the abetment of the murder of the deceased was also not available on record---No overt act was committed by the accused at the time of occurrence and a mere Lalkara was not sufficient to make him vicariously liable for the act of co-accused---No valid evidence regarding instigation, conspiracy or intentional aid being available, case of accused did not fall within the ambit of S.109, P.P.C.---Presence of accused alone did not make him vicariously liable in the case---Accused was acquitted on benefit of doubt in circumstances. 1999 SCMR 1418 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Sentence, reduction in ---Non¬ examination of other persons stated to have gathered at the spot after the occurrence did not make the prosecution case doubtful---Prosecution could not be compelled to produce all the witnesses---Delay in dispatching the articles to the Expert could not nullify the evidentiary value of the same in the absence of attending circumstances causing doubt as to genuineness of the recovery-- -Crime-empty had matched with the pistol recovered from the accused---Conviction of accused was upheld in circumstances---Both the parties had suppressed the real facts resulting in the murder of the deceased---Occurrence was not premeditated and had taken place all of a sudden---Accused was also found in a state of intoxication---Death sentence of accused was reduced to imprisonment for life, accordingly. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Defective investigation--¬Principles ---Procedural defects, irregularities and sometimes even the illegalities committed during the course of investigation shall neither…

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