Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for the murder of his brother with knife blows---Admittedly, complainant was not eye-witness and was informed about the occurrence on his cell phone by his other brother, who was abandoned by the prosecution being won-over---Widow of the deceased had recorded her statement under S. 164, Cr.P.C. after three days of the occurrence and after the arrest of the accused, wherein she narrated the story of quarrel of accused with deceased, leading to the occurrence---Said widow of deceased when appeared before the court, had stated that she was present in her house, while quarrel took place in another house and she was not present at the spot at the time of quarrel and the occurrence---Witness further stated that she had come to know about the occurrence after 4/5 hours of the same---Statement of the widow of the deceased was allegedly recorded by the police on the third/fourth day of the occurrence, which was tutored by her cousin---Witness admitted that the Investigating Officer and her cousin had told her eight to ten times to give statement under S. 164, Cr.P.C. with further admission that they had charged the accused on suspicion---Witness also admitted that somebody else had committed the offence and accused had satisfied them by taking oath on the Holy Quran that he was innocent---Complainant admitted that he had lodged the report at the instance of police and he did not know anything about the occurrence and also was unaware as to who killed his brother---Complainant had further stated that the accused was charged by them under the pressure of police and that he had no objection if accused was acquitted of the charge---Record showed that complainant being real brother and witness/widow of the deceased had exonerated the accused of the charge---Accused had retracted his confession in his statement under S. 342, Cr.P.C.---Circumstances established that there was nothing on record to justify the conviction of accused---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal…

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