Law:

Section:

Motive-- ----Principle--It is not necessary for prosecution to establish motive in a case but if prosecution sets up motive of occurrence then onus is on prosecution to prove same--Prosecution has failed to prove motive and same was declared to be disbelieved by Court. 2010 SCMR 97, ref. Credibility of eye-witness-- ----Scope--Credibility of eye-witnesses of occurrence or any other PWs, are ascertained by their unimpeachable statements which cannot be shaken by defense during their cross-examination or otherwise but when eye-witnesses or PWs improve their statements during trial, statements of such witnesses lose their credibility and cannot be relied upon resultantly no conviction can be upheld on such unreliable witnesses. 2010 SCMR 385, rel. Wajtakkar-- ----Wajtakkar witness is actually a chance witness and evidence of such a witness is always accepted with great caution as such witnesses are introduced in such cases where prosecution case is weak and lacunas have to be filled. 2003 SCMR 1419, rel. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Circumstantial evidence--No recovery was effected from accused who was not even a nominated accused of FIR and motive set up in FIR was also not attributed to appellant--Circumstantial evidence in unseen occurrence should be like a well-knit chain and each circumstance was to be connected with each other to make one complete chain and if even one link of chain is missing that would entitle accused to be acquitted by giving him benefit of doubt--Prosecution has failed to prove its case beyond reasonable doubt. 2011 SCMR 1127, 2009 SCMR 407 & PLD 2003 SC 704, rel. JUDGMENT Mazhar Hussain, Muhammad Mansha alias Chabba and Mst. Rubina alias Perveen Bibi (appellants) have filed the afore titled appeal challenging their convictions and sentences passed by the learned Additional Sessions Judge, Lahore vide judgment dated 02.05.2013 in case FIR No. 345 dated 15.04.2006 registered under Sections 302, 380, 411 and 34, PPC, at Police Station Harbanspura, Lahore. Sentences awarded to the appellants are as under:-- "All the three accused Mazhar Hussain,…

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