Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Direct evidence being absent in the case, prosecution case hinged on circumstantial evidence---Relations between prosecution witness, who was paternal uncle of the deceased, and accused, were not cordial---Prosecution witness being chance witness, it was not safe to rely upon his evidence---Statement of other prosecution witness was also on the same lines---Conduct of other two prosecution witnesses, was unnatural and material contradictions and improvements were noticed in their statements---Evidence of last seen and wajtakkar furnished by said two prosecution witnesses was not worth reliance---Alleged confession was jointly made by accused persons---Role of accused persons during the occurrence, the manner in which occurrence took place, the kind of weapon used by accused persons, or the reason for committing the murder of the deceased, was not mentioned in said extra-judicial confession---Evidence of extra judicial confession was a weak type of evidence and extra-judicial confession furnished by prosecution witnesses, was not trustworthy---Motive as alleged by prosecution had not been proved in the case---Blood-stained 'churri' was deposited in the office of Chemical Examiner after lapse of more than one month from the occurrence; it was, in circumstances, unlikely that the blood on the churri would not disintegrate during said period---Alleged recovery of churri from accused was not believable, in circumstances---Accused was arrested after 15 days from the occurrence; it did not appeal to the mind of a prudent person that accused would keep the blood-stained weapon intact for such a long period, because he had ample opportunity during that period to wash away the blood-stains from that weapon---No specific identification mark was found on blood-stained shirt of accused to hold that shirt was that of accused---Positive reports of Chemical Examiner and that of Serologist about presence of human blood on shirt, therefore, were not worthy of reliance---Occurrence was unseen---Prosecution, in circumstances, had failed to prove its case…

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