Law: Pakistan Penal Code, 1860

Section: 302,379,411,460

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 379, 411 & 460---Qatl-i-amd, theft, dishonestly receiving stolen property, house-breaking by night, cause or attempt to commit qatl of any person---Appreciation of evidence---Appeal against acquittal---Wajtakker witness and extra-judicial confession---Scope---Complaint was lodged against the unknown accused persons, and complainant stated that it was told by his uncle that he had seen the dead body of his wife lying on a cot---Twelve tolas gold ornaments of his wife and Rs. 6000 were missing from the house---Foot marks of the accused persons in the house were secured through khoji---Complainant on the following day, implicated the accused through supplementary statement---Admittedly, there was no direct evidence against the accused, as it was a blind murder---Prosecution case was that accused persons murdered the deceased lady and the only evidence against them was extra-judicial confession of accused and evidence of wajtakker witnesses---One prosecution witness had deposed that it was dark night when the accused persons came across on the way, while the other witness deposed that it was a moonlight night---Prosecution witness stated that he came to know about the murder of the deceased on the morning of 28.9.2011 at 11.00 a.m. and on the same day, police visited the place of occurrence---Such fact was not disclosed to the police by the said witness but was narrated by the complainant on the following day through a supplementary statement---Prosecution had failed to establish that said witnesses of wajtakker were natural witnesses---Said material contradictions reflected that in the fateful night, these witnesses did not see the accused persons---Prosecution witness stated that footmarks of three persons on the place of occurrence were noticed, while the complainant stated that four footmarks were seen---Complainant stated that foot prints parade of the accused persons was conducted at the police station under the supervision of Investigating Officer and the tracker---Said tracker was given-up by the prosecution who was the only expert---Record transpired that accused made extra-judicial confession before the…

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