Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Incident was not reported to the Police at the time mentioned in the F.I.R., which had created a doubt in the veracity of the prosecution case---Complainant's version qua the incident before the Trial Court was different than that of his version given in the F.I.R.---Improvements made by the complainant during the trial were brought on record during course of his cross-examination, and it appeared that those improvements were made by him in order to bring ocular account in line with the medical evidence---Complainant who was the paternal nephew of deceased, was resident of village different to one where incident took place---Complainant was declared a chance as well as an interested witness---Other prosecution witness, had also made improvements to justify his presence at the spot---Explanation offered by said witness for his presence at the spot at the relevant time of occurrence, was highly improbable as he was resident of a different village---Said witness as well had failed to prove his presence at the spot to witness the occurrence---Presence of both the complainant and said other witness at the spot at the relevant time of occurrence, having become doubtful, their testimony did not inspire confidence, in circumstances---Prosecution had failed to prove the motive---In absence of report of Serologist qua origin of blood on Sickle and hatchet recovered from accused, no reliance could be placed on the recovery of said weapons of offence---Chances of false plantation of those articles on accused persons existed---Even otherwise, said piece of evidence, was merely of a supportive nature and since ocular evidence had already been disbelieved, it was of no avail to prosecution---Medical evidence was of no avail to the prosecution in the absence of any other evidence---Conviction, could only be based upon unimpeachable evidence, and in case of certainty of guilt, and any doubt arising in the prosecution case, must be resolved in favour of accused not as a matter of grace, but of right---Prosecution having failed to prove its case against accused person beyond…

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