Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Co-accused was alleged to have held his deceased-wife by her arms, so as to allow his accused-brother to fire at and kill her---According to the prosecution story the accused and his co-accused allowed the complainant party to enter the house at the time of the alleged murder and witness the same---Such fact was rather unbelievable---Deceased-woman and the co-accused married each other against the wishes of the complainant party and had also been blessed with children---In such backdrop it was the complainant party which could have the motive to murder the deceased rather than the accused and co-accused---Prosecution eye-witnesses were not only very closely related to the deceased but were also chance witnesses and it could not be seriously doubted that they were also inimically disposed towards the accused and co-accused---Statements of said eye-witnesses had failed to receive any independent corroboration or support---Crime-empty secured from the place of occurrence was sent to the Forensic Science Laboratory after recovery of the gun rendering such recovery to be legally unacceptable---Medical evidence contradicted the ocular account in respect of the level of fire at the deceased---Post-mortem examination of deceased had been conducted with a noticeable delay giving rise to an inference that time had been consumed by the complainant party and the local police in procuring and planting eye-witnesses and in cooking up a story for the prosecution---Accused and co-accused were acquitted of the charge by extending them benefit of doubt---Appeal was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd committed inside the confines of a house---Relatives of the deceased living in the same house failing to explain the cause of death---When a vulnerable dependant was done to death inside the confines of a house, particularly during a night, some part of the onus laid on the close relatives of the deceased to explain as to how their near one had met an unnatural death---Where however the prosecution utterly failed to prove its own case…

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