Law: Penal Code (XLV of 1860)

Section: 302/34

Penal Code (XLV of 1860)---.--- ---.---S. 302/34---.---Qatl-e-amd---.---Appreciation of evidence---.---Evidence in the case was mainly confined to the statements of three real brotheRs. out of whom one was the complainant and other stood to be his supporting witness who had been produced in court while the third one had been left unexamined without any legal pretext---.---No independent person had been made witness either from the locality or otherwise on material aspects of the case---.---Presence of the witnesses and they having remained inactive, made them doubtful on point of presence or otherwise; their act of having involved the widow of their own brother, the deceased, in the murder of her husband, without any evidence and proof, also created doubt as to their fairness in the matter---.---Recovery of torch was effected from the complainant who allegedly handed it over to the Police, which was the only article recovered in the matter and which too was not free from doubt---.---Prosecution, in circumstances had not established the case beyond shadow of any reasonable doubt---.---Judgment of conviction and sentence against accused person, were not sustainable in law, in circumstances---.---Principles that chain of culprits could be let free to prevent punishment to an innocent person; a single circumstance creating doubt as to the guilt, wassufficient to acquit accused from the charge of the case; and a single reason arising out of one's evidence, was sufficient to discard his entire evidence, were applicable in the matter---.---Impugned was set aside and accused were acquitted of the charge of the case and were released. THIS JUDGMENT DELIVERED BY: SYED ZAKIR HUSSAIN, JUSTICE:---.--- These are two Criminal Jail Appeals preferred by the appellants respectively against the common judgment dated 4-12-2009 of the learned Sessions Judge, Badin pertaining to S.C. No. 32 of 2007 (F.I.R. No. 35 of 2007 of Police Station Badin under section 302/34, P.P.C.), whereby the appellants have been convicted and sentenced for the offence punishable under section 302/34, P.P.C. to suffer life imprisonment. The appellants have prayed for setting aside of the said judgment,…

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