Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd---Appeal against acquittal---Originally no one was nominated in the F.I.R., during the investigation a number of persons were arrested, but later on they were released---Dying declaration was made by deceased before his mother, but her statement was not in line with her statement recorded under S.161, Cr.P.C. before the Police---Dying declaration, in circumstances, could not be relied upon having not been proved by any cogent and concrete evidence---Complainant had lodged the F.I.R. after getting information about the death of the deceased; he himself was not a witness of the occurrence and was just an informer; and his statement could be stated as hearsay evidence which could not be treated as evidence in the eye of law---Mere abscondance, could not be construed sufficient for convicting an accused---Incident was a dark-night occurrence and one of the prosecution witnesses had stated that there was no source of light available at the roof of the house in question and it was otherwise humanly impossible to identify a person from the said distance---Statements of prosecution witnesses were not free from any doubt and possibility of false implication of accused could not be ruled out---Manner in which recovery of gun had been made, also had created serious doubt---Accused, after acquittal enjoyed double presumption of innocence, until the was found perverse, arbitrary, shocking and fanciful; the courts always were reluctant to interfere with the same---All the prosecution witnesses were inter se close relatives and their statements were not confidence inspiring and truthful which could not be believed---No direct evidence was available on record---Statements of the prosecution witnesses were not consistent to each other; and there were glaring discrepancies which could not be overlooked---Story of the prosecution was highly doubtful and slightest doubt must go to the accused---Prosecution having failed to prove its case beyond reasonable doubt against the accused, he was rightly acquitted---In the absence of any perversity in the passed by the Shariat Court,…

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