Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt--- Extra-judicial confession---Scope---Complainant had alleged that his real brother along with co-accused had committed murder of his daughter---Accused had made joint extrajudicial confession before the prosecution witnesses including father of deceased---Father of the deceased would not make a false statement against his real brother, nonetheless, in dispensation of criminal justice, mere credentials or status of a witness could not form the basis for acceptance of his testimony---Evidence of extra-judicial confession furnished by the prosecution witnesses warranted scrutiny and examination on the touchstone of probability, notwithstanding, the inter-se relationship between the accused and the prosecution witnesses---No evidence was available even to obliquely frame the accused with the charge---Statements of prosecution witnesses were not in line with each other---Story of extrajudicial confession was seemingly a usual exercise undertaken by the police invariably in every case lacking direct evidence---Both the accused were shown to have made confession in a joint session and as such, a joint disclosure could not be read in evidence being inadmissible to their detriment--- Attending circumstances suggested doubt about the veracity of the prosecution story, benefit of which resolved in favour of accused---Conviction on the basis of extrajudicial confession without corroboration could not be awarded---Accused were acquitted and conviction and sentence recorded by Trial Court were set-aside in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope---Prosecution witnesses had alleged that they had seen the deceased child in the company of accused and co-accused while heading towards place of occurrence---Natural and obvious response of the said prosecution witnesses would have been to share such information with the family of the deceased---Pointing out of place of occurrence did not constitute valid…

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