Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302(b)---Qatl-e-amd---Appreciation of evidence---F.I.R. did not contain the names of accused and eye-witnesses---Eye-witnesses had been introduced in supplementary statement---Solitary witness relied upon by the prosecution to bring home guilt of accused, was nephew of the complainant; and story advanced by him did not stand to reason---Place of occurrence was a thoroughfare and there were houses of different people, but none attracted from those houses---Supplementary statement introduced by the witnesses, had been recorded after seven days of the occurrence; such delay would give an inference to the effect that second version had been introduced with deliberations, which adversely affected the case of prosecution---Complainant had not seen the occurrence; and deposition of prosecution witness who later on was introduced by the complainant, suggested that he did not witness the occurrence---No other evidence was available on the file to connect accused with commission of offence---Complainant had failed to justify his presence---Evidence of chance witness could not be relied until his presence was proved and justified---Strong corroboration was needed to make the statement admissible, which was lacking in the present case---Recovery of blood-stained earth from the place of occurrence, along with one lead of .30 bore; and Forensic Science Laboratory's positive report, did not tally the ocular account of F.I.R.---Subsequent improvement through supplementary statement made, and evidence planted, in no way had connected accused with commission of crime---Trial Court had blindly relied upon the statement of alleged eye-witness and based conviction of accused solely upon it which was highly unsafe and against the established principles of appreciating and evaluating evidence in criminal cases for awarding conviction---Complainant had been unable to make out a case warranting conviction of acquitted accused persons---Impugned of conviction and sentence recorded by the Trial Court, were set aside, accused was acquitted of the charges levelled against him and he was set free, in circumstances. (b) Criminal trial--- ----Evidence---When…

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