Law:

Section:

(a) Criminal trial--- ----Evidence---Circumstantial evidence---Conviction could be based on direct or substantive evidence---Guilt of accused could not be based on high probabilities---Circumstantial evidence was known as indirect evidence and was an exception to the said principle---Requirement of proof in such cases, basing on circumstantial evidence only, was that every link had to be proved by good and convincing evidence---When circumstantial evidence, was based on last seen, extra judicial confession, recovery of stolen goods, recovery of incriminating material i.e. weapon of offence, pointation of dead body at instance of accused, recovery of articles belonging to deceased; it was to be established on record that every piece of circumstantial evidence fit in with another piece of such evidence in the chain and corroborated each other---Role of prosecution agency collecting evidence against accused was very important; and it was to be seen that same was above board and free from any doubt and suspicion. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364 & 34---Qatl-e-amd, kidnapping or abducting in order to murder, common intention---Appreciation of evidence---Benefit of doubt---Complainant, who was abroad at the time of alleged incident, had not claimed to have seen the deceased lastly in company of accused, but he had claimed to have acquired such knowledge from his relative---Evidence of complainant to the extent of last seen, was not worth reliance being hearsay---Complainant had named accused in the F.I.R. only on account of suspicion---Complainant was not sure about the dead body to be of his son---Photographs alone was not sufficient for identification of the dead body---Complainant had to refer to evidence of the people of area that dead body, which was buried, was of his son---Only witness, examined by the prosecution to establish last seen evidence, had stated that in his presence, the deceased was last seen going with accused persons, but said witness became silent for an indefinite period despite threat to the life of the deceased---Said conduct of the witness made his testimony doubtful---Accused had voluntarily confessed his guilt and…

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