Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---No delay in reporting the matter to the Police---Names of witnesses of "Waj Takar", were not mentioned by the Police in the Column 4---Story of Waj Takar was also not mentioned in the report which was prepared by the Police after spot inspection---Names and the points showing the presence of witnesses of 'Waj Takar' were not mentioned in the rough site plan, as well as, in the scale site plan---Prosecution evidence of 'Waj Takar' was the result of an afterthought---Prosecution evidence of extra-judicial-confession in the case, was also not worthy of reliance---No empty was recovered from the place of occurrence, and no report of Forensic Science Laboratory was on record---Evidence of recovery was only of corroborative nature, and conviction of accused could not be sustained merely on the basis of such recovery---Motive was not mentioned in the F.I.R., but was introduced through the supplementary statement of the complainant, which was recorded later on---Prosecution had failed to prove the motive as alleged against accused---Abscondence of accused, per se, was not sufficient to prove the guilt of accused, in absence of any other direct or strong circumstantial evidence against accused---Prosecution having failed to prove its case against accused beyond the shadow of doubt, conviction and sentence awarded to accused vide impugned by the Trial Court, was set aside; accused was acquitted of the charge and was released, in circumstances. Sajid Mumtaz and others v. Basharat and othes 2006 SCMR 231; Tahir Javed v. The State 2009 SCMR 166; Muhammad Afzal alias Abdullah and others v. The State and others 2009 SCMR 436; Abdul Mateen v. Sahib Khan and others PLD 2006 SC 538; Muhammad Yaqub v. The State 1971 SCMR 756 and Nek Muhammad and another v. The State PLD 1995 SC 516 rel. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Circumstantial evidence---Where prosecution case was based on circumstantial evidence; utmost care and caution was required for reaching at the just decision of the case---In such like cases, the chain link should be so…

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