Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------S. 302(b) --------- Qatl-i-amd --------- Appreciation of evidence --------- Extra judicial confession --------- Motive, failure to prove --------- Accused was convicted by Trial Court on the basis of his extra judicial confession made before prosecution witness and sentenced him to imprisonment for life --------- Validity --------- Evidence of extra judicial confession was not worthy of reliance --------- No motive was alleged in FIR and thereafter a vague motive was set up by complainant in supplementary statement to the effect that 4-5 days prior to occurrence, accused demanded Rs.20,000/- from complainant and his wife, which they refused and accused showed his anger on their refusal --------- Difference of loan amount differed, as in supplementary statement, complainant alleged Rs.20,000/- whereas before Trial Court loan amount was stated as Rs.2,5000/ --------- No witness was produced before Trial Court in whose presence accused demanded loan amount, therefore, prosecution was not able to prove motive --------- High Court extended benefit of doubt to accused, set aside conviction and sentence awarded to him and he was acquitted of the charge --------- Appeal was allowed in circumstances. Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231 and Tahir Javed v. The State 2009 SCMR 166 rel. (b) Criminal trial --------- ----------Medical evidence --------- Scope --------- Such evidence is at the most a supporting piece of evidence because it may confirm ocular evidence with regard to receipt of injury, its locale, kind of weapon used for causing injury, duration between injury and death but it does not tell name of the assailant. Ata Muhammad and another v. The State 1995 SCMR 599 rel. (c) Penal Code (XLV of 1860) --------- ----------S. 302 --------- Qatl-i-amd --------- Appreciation of evidence --------- Chhurri (knife) not stained with blood --------- Effect --------- Recovery of Chhurri (knife) allegedly effected at the instance of accused which was taken into possession vide recovery memo was not of much help to prosecution, as prosecution witness stated during cross examination that recovered Chhurri…

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