Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---No direct evidence was available in the case of prosecution, which hinged on the circumstantial evidence---Every circumstance, in such like cases, should be linked with each other, and it should form such a continuous chain that its one end touched the dead body and the other neck of accused; but if chain link was missing, then its benefit must go to accused---Delay of about four days in reporting the matter had not been explained in the F.I.R.---Inordinate delay in reporting the crime to Police, cast doubt upon the veracity of prosecution case---Testimony of the witness of last seen was not worthy of reliance, as nothing was on record as to what prevented said witness from informing the complainant about the evidence of last seen earlier, when he was relative of the complainant and met him in routine---Evidence of last seen was introduced later on in order to strengthen the prosecution case---Time and date of death of the deceased, as stated by last seen evidence, did not coincide with the time and date of the deceased lastly seen alive in the company of accused persons---Evidence of last seen of the deceased with accused, should be in close proximity in the time and place of death---Recoveries of pistols at the instance of accused, were inconsequential as report of Forensic Science Laboratory, was simply to the effect that the pistols were in working order---Toka allegedly used in occurrence, was recovered from the house of accused---Witness of said recovery was not produced before the Trial Court, and he was given up being unnecessary---Evidence of recovery was merely a corroborative piece of evidence, which was relevant only, if the other piece of evidence inspired confidence, which was not the situation in the case---Recovery of dead body of the deceased, also did not advance the case of the prosecution, because, it was neither recovered at the instance of any of the accused persons, nor was there anything on the record to the effect that any of accused persons pointed out the place where deceased was allegedly done to…