Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt--- Unseen occurrence---No substantial evidence was available on record to prove motive---Non-production of an important witness of the occurrence by the prosecution, would create an impression that if said witness had appeared in the court, he would not have supported the prosecution version---Wajtakkar witness being a chance witness, evidence of such witness was always accepted with great caution---Statements of prosecution witnesses, were not confidence inspiring---Alleged recoveries effected from accused persons, had no evidentiary value; and were not enough to uphold their conviction---Case was one of circumstantial evidence, but the chain of circumstances in the case, were broken, and by no stretch of imagination, it could be said that circumstantial evidence was well-knit---Prosecution had failed to prove its case beyond reasonable doubt---No substantial evidence was on record to connect accused persons with the commission of alleged offence---Conviction and sentences awarded to accused persons by the Trial Court, were set aside accused were acquitted of the charge and were released, in circumstances. Ahmad Yar and others v. The State 1998 SCMR 715; Lal Khan v. The State 2006 SCMR 1846 and Muhammad Rafique and others v. The State and others 2010 SCMR 385 rel. Muhammad Rafique and others v. The State and others 2010 SCMR 385 and Khalid Javed and another v. The State 2003 SCMR 1419 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Motive---Not necessary for the prosecution to establish motive in the case, but, if the prosecution would set up the motive of the occurrence, the onus was on the prosecution to prove the same. Noor Muhammad v. The State and another 2010 SCMR 97 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Credibility of an eye-witness of the occurrence, or any other prosecution witness, were ascertained by their unimpeachable statements; which could not be shaken by the defence during their cross-examination or otherwise; but when the eye-witnesses or…

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