Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused and cousin of complainant were quarrelling, accused fired at the cousin of complainant, due to which, he died at the spot---Two persons of complainant side sustained injuries when both sides started fighting after the firing---Ocular account was furnished by cousin and brothers of deceased being eyewitnesses---Record showed that statements of eye-witnesses, being brothers and cousin, nominated and attributed role of murder of deceased to the accused---Statements of said witnesses were not worth credence and confidence inspiring---Said witnesses had neither shown their presence at the place of occurrence nor corroborated the statements of each other on the manner in which the occurrence took place---Conduct of blood relation eyewitnesses did not appeal to the prudent mind that while in presence of brothers and cousin of deceased, the accused single handedly armed with shot gun came over there and after exchange of few harsh words started firing on the deceased---Despite presence of all eyewitnesses, none of them had resisted or tried to save the deceased from the clutches of accused---No action/reaction had arisen from the circumstances of the case to believe the statements of natural eyewitnesses, as such, the conduct of all eye-witnesses itself created doubt in the case of prosecution---All the witnesses were interested being related with each other and the deceased---Circumstances of the case showed that there were certain inhabitants of the area, who at the time of alleged incident gathered around at the place of occurrence, but none of them was made as witness to corroborate the prosecution version---Case of prosecution, in circumstances, lacked independent corroboration and the accused could not be assumed to be culprit solely on the statements of witnesses that were interested and were related to the deceased---Testimony of said interested witnesses were not reliable, which reflected that prosecution tried to suppress material evidence---Circumstances established that prosecution had failed to prove its case beyond shadow of doubt, benefit of…

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