Law:

Section:

(a) Criminal trial--- ----Appreciation of evidence---Prosecution was required to prove its case against accused beyond any shadow of doubt and the defence version was to be taken into consideration after evaluating the prose-cution evidence to find out, whether same inspired confidence or not. Ashiq Hussain v. The State PLD 1994 SC 879 and Amin Ali and another v. The State 2011 SCMR 323 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 100---Qatl-e-amd---Right of private defence---Appreciation of evidence---Story of prosecution mentioned in F.I.R., was highly improbable and it did not appeal to common sense that when an altercation had taken place between the deceased and co-accused, few days prior to the occurrence, then why the deceased accompanied accused at night time on summoning of said co-accused---Prosecution eye-witnesses, could not explain as to how deceased entered into the room of the house of accused at the odd hours of night---Case of prosecution was that accused inflicted a hatchet blow near the right eye of deceased, but no hatchet was recovered from accused, or from the possession of any co-accused during the investigation---Conflict existed between the medical evidence and the prosecution case as set forth in the F.I.R.---Prosecution witnesses, while making their statements before the Trial Court, did not attribute any specific injury to accused; and they had simply stated that accused had caused hatchet blow on the deceased---Allegedly, blood-stained 'Kassi' and 'bat' were recovered from accused after 29 days of the occurrence, and same were deposited in the office of Chemical Examiner, after more than one month from the occurrence---Case of prosecution was not that accused had used three different weapons, 'Kassi', 'bat' and 'gun', but there were positive reports of Forensic Science Laboratory, Chemical Examiner and that of Serologist, in respect of said alleged weapons of offence which had spoken volumes against the truthfulness of prosecution case---Said positive reports, were of no avail to the prosecution---Prosecution could not prove any motive against accused---Case against accused was replete with number of doubts---Accused…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492