Law: Pakistan Penal Code, 1860

Section: 34,201,302

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 201 & 34---Qatl-i-amd, common intention and causing disappearance of evidence of offence---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused poisoned her husband and confessed her guilt before a witness---No direct evidence was available---Prosecution was required to link each circumstance to the other in a manner that it should form such a continuous chain of circumstances firmly connecting the accused with the alleged offence---Motive was not established---Ocular account of evidence was not available---Medical evidence was not in line with the contention of complainant---No evidence was available against the accused which could justify her conviction on a capital charge---During entire investigation, name of co-accused persons did not come on record---No poison was detected during post mortem---Chemical Examiner report also negated the version of complainant---Alleged extra-judicial confession of accused about the murder of deceased before prosecution witness, carried no weight---Prosecution had failed to prove its case against accused beyond any reasonable doubt---Accused was acquitted by setting aside his conviction and sentence recorded by Trial Court Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103 and Muhammad Hussain v. The State 2011 SCMR 1127 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 201 & 34---Qatl-i-amd, common intention and causing disappearance of evidence of offence---Appreciation of evidence---Extra-judicial confession--- Evidentiary value--- Extra-judicial confession allegedly made by the accused was not corroborated by any other piece of evidence---Such evidence of extra-judicial confession furnished by the prosecution witness was not reliable and trust worthy being an after thought and fabricated just to strengthen the prosecution case---Conviction and sentence recorded against accused was set aside. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 201 & 34---Qatl-i-amd, common intention and causing disappearance of evidence of offence---Appreciation of evidence---Prosecution was silent about the motive of the occurrence---Motive was not…

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