Law:

Section:

Penal Code (XLV of 1860)-------S. 302/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---F.I.R. was lodged on the basis of statement of father of the deceased, who was not present on the spot and prosecution witness informed father of the deceased about the occurrence---Conviction could be based on circumstantial and last seen evidence, but same must satisfy the standard of quality of evidence that should satisfy the conscience of the court---Statements of both the prosecution witnesses were irreconcilable because the main fact i.e. the boarding or making to sit the victim in the vehicle, was missing---Evidence of last seen evidence furnished by prosecution witnesses, was found having major flaws, which could not be termed as of unimpeachable character---Both the witnesses appeared to have not seen the occurrence---Prosecution witnesses had failed to prove that they were quite natural, independent and truthful witnesses; and that their presence at the place of occurrence at the relevant time was justified---Both the witnesses made improvements to bring their ocular account in line with the prosecution story and made contradictory statement---Both said witnesses being interested their testimony was neither believable nor confidence-inspiring---Independent witnesses, who possibly had seen the occurrence, were not produced by the prosecution, but were withheld---Nothing incriminating was recovered from the possession or on pointation of accused---Medical evidence also did not corroborate the statements of the witnesses---After disbelieving the ocular testimony of the prosecution witness, conviction of accused could not be maintained only on the basis of medical evidence, report of Forensic Science Laboratory regarding blood-stained clothes of the deceased---Benefit of doubt arisen in the case would go to accused---Prosecution having failed to prove its case beyond any shadow of doubt, conviction and sentence of accused were set aside and he was acquitted of the charge and was released from the jail, in circumstances. Muhammad Amjad v. State PLD 2003 SC 704; Rab Nawaz v. Sikandar Zulqarnain 1998 SCMR 25; Muhammad Mushtaq v. State 2001…

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