Law:

Section:

Nemo for the Complainant. (a) Penal Code (XLV of 1860) --------- ----------Ss. 302(b), 148 & 149 --------- Qatl-i-amd, riot, common object --------- Appreciation of evidence --------- Benefit of doubt --------- Only eye-witness produced by the prosecution, having inimical back-ground with accused person, was a chance witness --------- Conviction could be recorded on the basis of single witness, but when such witness was having inimical background with accused, same would require strong corroboration from any independent source, such was lacking in the case, and emanated doubt qua the presence of said witness at the scene of occurrence --------- Unexplained delay in conducting postmortem examination of the deceased, reflected that as per prevailing trend, possibility could not be ruled out that innocent persons had been implicated in the case along with the guilty ones --------- Plea of alibi taken by accused persons, was found correct by all the Investigating Officers as well as the Regional Investigation Branch --------- Even if, the defence had not led evidence to prove its plea of alibi, evidence, already available, had caused sufficient dent in the prosecution case to create reasonable doubt in its veracity to the extent of accused persons --------- Ocular account was not confidence inspiring and trustworthy qua the culpability of accused persons --------- Police Inspectors, who appeared as prosecution witnesses, could not collect any evidence against accused persons regarding the abetment in commission of murder of the deceased --------- Investigating Officers, had not efficiently and competently investigated the case, as they failed to collect the evidence qua the abetment --------- Nothing was recovered during the course of investigation at the instance of accused persons --------- Prosecution, in circumstances, had failed to prove its case against the accused persons beyond shadow of reasonable doubt --------- Convictions and sentences recorded by the Trial Court against accused persons, were set aside; they were acquitted of the charge levelled against them, and were released, in circumstances. Muhammad Riaz v. The State 2009 PCr.LJ 1022; Irshad…

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