Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 302 & 34 --------- Qanun-e-Shahadat (10 of 1984), Art. 39 --------- Qatl-i¬-amd, common intention --------- Appreciation of evidence,--Benefit of doubt --------- ` Confession by accused made while in police custody not to be used against him --------- Principle --------- Last seen evidence --------- Admissibility --------- Memo of identification regarding place of occurrence --------- Admissibility --------- Positive forensic report, evidentiary value of --------- Accused was alleged to have killed deceased after taking him away from company of his family members --------- Motive assigned for alleged murder was that deceased had made indecent advances towards his daughter-in-law, real sister of accused --------- Trial court convicted accused under S. 302(b), P. P. C. as Ta'zir and sentenced him to life imprisonment along with awarding fine --------- Initial silence of complainant after deceased's failure to return home was intriguing; in natural course of events, complainant should have approached accused, who was alleged to have taken away deceased, to inquire about whereabouts of deceased --------- Was improbable that accused would take deceased to put him to homicidal death within view of his family members --------- Last seen evidence was unrealistic and flawed --------- Place of occurrence, as shown in site plan, was already within knowledge of complainant --------- Subsequent reference to place of occurrence by accused and memo. of identification prepared in pursuance thereof while accused was in custody of police was hit by Art. 39, Qanun-e-Shahadat, 1984 as nothing new was discovered:- Memo. allegedly prepared regarding place of occurrence on pointation by accused could not be admitted in evidence --------- Last seen evidence could not sustain charge as it was without proximity in time and space --------- Positive forensic report about crime weapon and empties secured from spot was merely corroborative --------- One weak piece of evidence could not corroborate, another piece of evidence --------- High court, extending benefit of doubt, acquitted accused --------- Appeal was allowed in…

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