Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 103,340(2),342,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/34--Conviction and sentence--Challenge to--Qatl-e-Amd--Benefit of doubt--Acquittal--It is trite that men may lie but documents do not--Held: the statements made by the said eye-witnesses have failed to receive any independent corroboration or support. These witnesses have failed to prove their presence at the spot at the time of occurrence--August Supreme Court of Pakistan rejected the claim of witnesses who lived one kilometer away from the occurrence, but on the day of occurrence stated to be present near the spot as they working as labourers, inasmuch as they failed to give any detail of the projects they were working on--It is further an admitted aspect of the case that no one, other than the related witnesses, was examined during the investigation or the trial of the case as a witness--Investigating Officer was under a binding duty to collect all the evidence available and his failure to do so has to be taken as a circumstance belying the prosecution case. The purpose of trial is the discovery of truth. As long as men keep lying the only causality would be the reality. The prosecution case suffers from inherent defects which are irreconcilable as it is--Furthermore, no report of Punjab Forensic Science Agency or the Chemical Examiner or the Serologist was produced by the prosecution to reveal that there was human blood identified on Sota. Even the witnesses to the recovery of Sota from the appellant did not state that the same was stained with blood. Hence, this recovery does not offer any corroboration of an already tainted piece of evidence-- Trial Court itself has rejected the evidence of motive and declared the same to be bereft of proof. The motive of the occurrence, given in the oral statement was a previous scuffle. No details of said previous scuffle were mentioned in the oral statement--There is no mention as to the exact time when said previous scuffle took place nor any reason as to why the said previous scuffle had taken place nor the witnesses who had witnessed the said previous scuffle. A tainted piece of evidence cannot corroborate another tainted piece of evidence. 2016 SCMR 2021,…

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