Law: Pakistan Penal Code, 1860

Section: 302(b),307,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 307 & 34---Qatl-i-amd, enforcement of qisas, common intention---Appreciation of evidence---Benefit of doubt---No motive had been shown---Accused and the deceased were shown in civil litigation with each other---Identification of accused having become doubtful, benefit of the same must go to accused; and that vital aspect of the matter alone was sufficient to discredit the prosecution version, and to entitle accused to acquittal---Occurrence had not taken place in the mode and manner as asserted by the prosecution and it was also doubtful as to whether the alleged eye-witnesses had seen the occurrence---Best evidence, available with the prosecution, having been withheld, adverse inference could be drawn against the prosecution---Only stamp of injuries on the prosecution witness, alone would not prove the presence of said witness at the relevant time; and such was not a guarantee of the truthfulness---Assailants, who were shown at a distance of 300 yards and were in ditch, their identification from such distance, was not possible---Doctor, who examined the deceased, had not been examined in the case, but an employee had been produced who had verified the report---Prosecution having failed to prove the guilt of accused beyond shadow of doubt, conviction of accused could not be maintained---Conviction and sentence awarded to accused by the Trial Court, were set aside extending him benefit of doubt and he was acquitted of the charges levelled against him. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 307 & 34---Qatl-i-amd, enforcement of qisas and common intention---Appreciation of evidence, rule of---General rule of appreciation of evidence was, that want of interest, or absence of enmity, would not stamp the statement of a particular witness with presumption of truth; that much would depend on the basic value of the statement of a witness---Real test was as to whether the statement of a witness was in consonance with the probability, whether it fitted in with the other evidence, and whether it inspired confidence. (c) Qanun-e-Shahadat (10 of 1984)-- ----Art. 46---Dying declaration---Recording and scrutiny…

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