Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Effect---Motive for the crime was indirectly referred as the prosecution was reluctant on salient details thereof---Complainant furnished detail of motive and stated that mother of accused had got registered a criminal case of zina-bil-jabr against the deceased, which was cancelled by the police as a false case---Complainant had alleged that in such backdrop, deceased and accused had exchanged hot words; which aspect of prosecution case was not confidence inspiring---Circumstances suggested that prosecution had failed to prove the motive---Accused were acquitted by setting aside conviction and sentence recorded by Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account---Prosecution case was that accused had asked the deceased to accompany him, with the promise that he would facilitate compromise with co accused---Deceased accompanied him and thereafter co-accused persons armed with daggers gave multiple blows on the abdomen of deceased and slit the throat of the deceased with dagger---Ocular account was furnished by witnesses including the complainant---Apparently there was no reason for the deceased to oblige accused in a chilled winter night to accompany him to visit his opponent pitted against him in a dispute involving family honor---Deceased could have safely deferred the proposal to some other convenient time and at a safe venue-- Record showed that complainant was present when deceased left with accused for the settlement of serious dispute---Arrival of witness an odd hour of night to join the complainant, in the absence of any specific reason was mind boggling---Record showed that a good number of FIRs had been registered against the deceased from time to time involving cases of murderous assaults, lurking house trespass, abduction, rape, illicit arms, etc---Said criminal past of deceased showed improbability of prosecution case---Reaching of witnesses at the venue exactly at a point when the deceased came under assault…

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