Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Incident was unseen as no one witnessed the occasion---Even the complainant was not the eye-witness of the occurrence---Matter though was reported promptly without any delay, but without nomination---Accused for the very first time was implicated in the commission of offence .after four days of occurrence in supplementary statement on the stance of the complainant---Such implication was made on information received by the complainant from some other person, who had not witnessed the occasion nor saw the accused committing the act---In absence of direct evidence, the prosecution had to establish its case on basis of other material i. e. circumstantial evidence, confession, recovery of crime weapon---Witness recognized accused in the court being the same person---Such identification before the court, was of less value because accused was not identified by him during course of investigation as required---Confession in the case was made by accused with the delay of four days---Delay in recording of confessional statement, though was not fatal, but as accused remained under illegal custody for a period of four days for which no reason was stated, strong presumption was that accused was kept in custody with mala fide intention and to pressurize .him---Non­observance of required procedure in recording confessional statement had lessened the credibility of confession---Confessional statement was least corroborated by the accompanying facts---Confessional statement being retracted one, conviction of accused could not be based solely on that---Motive had remained unproved---Strong link of the case had been missed by the prosecution---Disclosure allegedly made by accused before the Police, was of less evidentiary value---Variation in the statements and observations made by the Trial Court had created suspicion in alleged recovery of crime weapon---Statement of prosecution witness was of no avail to the prosecution as neither he had seen accused while committing crime nor even in armed position---Accused wax not identified by the person who either saw him just before…

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