Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 201---Qatl-e-amd, causing disappearance of evidence of offence or giving false information to screen offender---Appreciation of evidence---No name of any close co-villager or independent witness was mentioned in the evidence who allegedly went with the complainant at the appointed time---No mashirnama for the recovery of dead body was prepared on the spot---F.I.R. was lodged two days after recovery of dead body of the deceased---Deceased was missing since 9-9-2005, but no F.I.R. was lodged till 15-9-2005---No chemical report was produced which could show that any blood-stained earth was collected; and human blood was found---All prosecution witnesses being relatives of the complainant, possibility of their being interested, could not be ruled out, especially in the circumstances when there was no eye-witness of murder, except last seen evidence---Mashirs of recovery were not independent persons---When the whole case was based on last seen evidence, the evidence of the mashir of recovery was also doubtful and seemed to be interested---Prosecution had failed to substantiate the charge and committed various lapses while investigating the case---Evidence of the prosecution witnesses was neither trustworthy or confidence inspiring nor consistent to establish accusation against accused---Possibility of accused being falsely implicated, could not be ruled out, in circumstances---Prosecution had failed to prove the case against accused persons beyond reasonable doubt---Conviction of accused persons was set aside, they were set at liberty, in circumstances. Imam Ashraf v. The State 2001 SCMR 424; Muhammad Shah v. The State 2010 SCMR 1009; Syed Saeed Muhammad Shah v. The State 1993 SCMR 550; Liaquat Ali v. The State 2007 SCMR 1307; Naeem Akhtar v. The State 1993 PCr.LJ 769; Abdul Kaleem v. The State 1992 PCr.LJ 1314; Ibrahim v. The State 1990 SCMR 407; Nadeem alias Nema v. State 2010 SCMR 949 and Ali Asgher v. The State 2004 PCr.LJ 1308 ref. Mubashir Ahmed v. The State 2009 SCMR 1133; Dilawar Hussain v. State PLD 2008 SC 123; Azizullah v. The State 2004 PCr.LJ 1710; Muhammad Azim v. The State 1998 PCr.LJ 175; Gulzar…

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