Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(c)---Qatl-e-amd---Appreciation of evidence----Inquest report had revealed that deceased had committed suicide---Prosecution witnesses, admittedly, had not seen the occurrence, but they had implicated the accused as killers of the deceased---Statements of these two witnesses, even if accepted in toto as true, would lead to the inference that there was a quarrel between the deceased and the accused, and the same being contradictory on many material points did not inspire confidence---Medical evidence could only support the ocular evidence with regard to the receipt and locale of the injury, kind of weapon used, duration between the injury and death, presence of the injured prosecution witnesses or of the accused on the spot, but it would not tell the names of the assailants---Abscondence being a corroborative piece of evidence, by itself, was no proof of the guilt of accused---Evidence of last seen and quarrel between the deceased and the accused had not been put to the accused in their statements recorded under S.342, Cr.P.C. and the same could not be used against them for conviction---Prosecution story was doubtful in nature---Accused were acquitted in circumstances. Ata Muhammad and another v. The State 1995 SCMR 599; Inayat Ali v. The State PLD 2002 SC 77; Mesal and another v. Crown 1971 SCMR 239 and Muhammad Shah v. The State 2010 SCMR 1009 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(c)---Qatl-e-amd---Appreciation of evidence---Medical evidence---Value---Medical evidence is only a supporting piece of evidence, because it may confirm the ocular evidence with regard to the receipt of the injury, locale of the injury, kind of weapon used for causing the injury, duration between the injury and the death, presence of the injured prosecution witnesses or of the accused on the spot, but it would not tell the names of the assailants. Ata Muhammad and another v. The State 1995 SCMR 599 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(c)---Qatl-e-amd---Appreciation of evidence--- Abscondence--- Effect---Abscondence of accused is a corroborative piece of evidence and by itself is no proof of his guilt. Inayat Ali v. The…

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