Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Circumstantial evidence---No direct evidence was available in the case and prosecution case hinged on the circumstantial evidence---Utmost care and caution was required for reaching at a just decision in the case---Every circumstance should be linked with each other and it should form such a continuous chain that its one end should touch the dead body and other to the neck of accused---If any link in the chain was missing, then its benefit must go to accused. Ch. Barkat Ali v. Major Karam Elahi Zia and another 1992 SCMR 1047; Sarfraz Khan v. The State 1996 SCMR 188 and Asadullah and another v. The State 1999 SCMR 1034 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Occurrence was unseen, which took place in the month of December at 5-00 a.m.---Complainant was not an eye-witness of the occurrence and he did not name any accused in his "Fard Biayan" on the basis of which FIR was registered---Complainant got recorded his supplementary statement, wherein he implicated accused persons on the basis of information imparted to him by a prosecution witness who was given up---Both witnesses of Waj-takkar, were not the residents of the village, where occurrence took place, but were residents of other villages and could not give plausible reason for their presence at the spot at the relevant time; it was not safe to rely upon the evidence furnished by said Waj-takkars---No evidence of extra judicial confession was available against one of the accused persons---Prosecution had, however, produced the evidence of extra judicial confession against other two accused persons, through prosecution witnesses who were residents of different villages---Prosecution witness before whom said accused had allegedly made extra judicial confession, was not holding any authority or office---Evidence of extra judicial confession was a weak type of evidence and in the present case same being not trustworthy, could not be relied upon---Motive as alleged by the prosecution had not been proved---Occurrence being unseen, and no details…