Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---As to why 'Wajtakkar' remained mum for a period of 25 days was not known---Evidence of Wajtakkar, did not advance the case of prosecution---No specific date of confession, allegedly made by accused before two prosecution witnesses, was mentioned in the statements of said witnesses---Extra judicial confession was not worthy of reliance in circumstances, Recoveries of blood-stained chhurri, electric iron and blood-stained clothes, were not helpful for the prosecution, as same were taken into possession from the spot, and nothing was recovered at the instance of accused---Accused, who absconded, was arrested just after one month and seven days of occurrence---Evidence of abscondance, advanced by the prosecution, was hit by the statutory provisions contained in S.87, Cr.P.C.---Prosecution case being doubtful, in nature, accused was entitled to the benefit of doubt, not as a matter of grace, but as of right---Conviction and sentence awarded to accused vide passed by the Trial Court, were set aside, accused was acquitted of the charge of murder of the deceased, and was released, in circum-stances. Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231; Tahir Javed v. The State 2009 SCMR 166 and Ayub Masih v. The State PLD 2002 SC 1048 rel. (b) Criminal trial--- ----Medical evidence---Evidentiary value---Medical evidence was only a supporting piece of evidence---Conviction could not be maintained merely on the basis of medical evidence---Medical evidence could only be helpful if other evidence inspired confidence. (c) Criminal trial--- ----Motive--- Evidentiary value--- Motive was a corroborative piece of evidence, and conviction could not be maintained only on the basis of motive. JUDGMENT MANZOOR AHMAD MALIK, J.---Muhammad Rafique (appellant) was tried by the learned Sessions Judge, Mianwali in case F.I.R. No.135 dated 23-4-2009 offence under section 302, P.P.C. registered at Police Station Kundian District Mianwali for the murder of Muhammad Shahzad (deceased) son of the complainant. Vide judgment dated 19-10-2009 passed by the learned Sessions Judge,…

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