Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------S. 302(b) --------- Qatl-i-amd --------- Appreciation of evidence --------- Occurrence took place at night and the same was reported to the police in the morning --------- Police witness deposed that the body was lying east-west with face downwards, which indicated that the body remained unattended at night --------- All the eye witnesses were close relatives of the deceased --------- Main grievance of the accused was against the complainant at the relevant time due to the civil and criminal litigation pending between them --------- Accused persons were allegedly armed with deadly weapons, but the eye-witnesses did not receive a scratch during the incident, nor had they informed the police --------- Conduct of the eyewitnesses, complainant and his sons was unnatural --------- Eye-witnesses did not make any effort to save life of the deceased --------- Ocular account of the incident was not in line with the medical evidence --------- Crime empties, as per Forensic Laboratory Report, had not been fired from the recovered rifle --------- Conviction could not be based on weak, unreliable and untrustworthy direct evidence even if the same had been corroborated by the supporting evidence --------- Eye witnesses had not only made improvements in their statements, but the same were also inconsistent --------- Trial court had acquitted the co-accused on the same set of evidence --------- Ocular account, being indivisible in nature, could not be made basis for conviction in absence of strong corroboratory evidence coming from independent source --------- Probative force of ocular account had to be seen in the light of facts and circumstances of each case --------- High Court acquitted the accused --------- Appeal against conviction was accepted accordingly. (b) Penal Code (XLV of 1860) --------- ----------S. 302 --------- - Qatl-i-amd --------- Appreciation of evidence --------- Principles --------- Ocular account in case of Qatl-i-amd, plays a decisive and vital role and once intrinsic worth of the same is accepted and believed, then, rest of the evidence, both circumstantial and corroboratory in nature, will be required…

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