Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)302302

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382B,544A

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Deceased usually visited the house of accused and resided there---Statement of the complainant that accused had taken deceased and his son from the house, did not remain last seen evidence because thereafter prosecution witnesses saw him alive in the house of accused---Even otherwise, the last seen evidence was considered to be weak type of evidence and unless and until substantive evidence was on the record, no conviction could be based upon such evidence---Both prosecution witnesses who were close relatives of the complainant and the deceased, were chance witnesses---Evidence of said related and chance witnesses, was not looked favourably---Explanation offered by said witnesses for their arrival at the house of accused, was fizzled out---After hearing the threatening of murder of deceased by accused, they did not inform the complainant and got up from slumber only after the occurrence---No reliance could be placed upon their testimony---Medical evidence did not furnish corroboration to the version of the prosecution---During successive investigations, incident was found to be a case of suicide---Many circumstances were available in the case which had created doubt upon the prosecution case---Prosecution was unable to prove its case beyond shadow ofdoubt and had failed to prove the charge against any of the accused---Conviction and sentence of accused persons were set aside and they were acquitted of the charge and were released, in circum-stances. Muhammad Shafi and another v. The State 1978 PCr.LJ Note 10 at Page 7; Mukhtar Ahmad and others v. The State 1975 PCr.LJ 698 and Zafar Hayat v. The State 1995 SCMR 896-B ref. (b) Criminal trial--- ----Circumstantial evidence--- Cases depending upon circumstantial evidence in order to justify inference of guilt, incriminating evidence must be incompatible with the innocence of accused; and incapable of explanation of any other reasonable hypothesis than that of his guilt. (c) Criminal trial--- ---Appreciation of evidence---Accused was blue eye child of law and he could take any plea whatsoever, it could be contradictory and even…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492