Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34----Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd; common intention---Appeal against acquittal---Appreciation of evidence---Last-seen evidence---Benefit of doubt---Circumstantial evidence---Complainant alleged in private complaint that the accused, employers, had murdered her son, the employee, over some money matter---Trial Court acquitted the accused---Prosecution's ocular account and medical evidence manifested material inconsistencies and deficiencies---Prosecution witnesses were related inter se---Prosecution witnesses had not stated the exact date of alleged occurrence---Complainant had failed to explain as to why she had failed to record the dying declaration of the deceased to the police when he remained admitted in the hospital for a long time---Medical witness had deposed that the history of the head injury, drowsiness and anorexia was three days old---Postmortem examination of the deceased had also not been conducted to determine the cause of his death, which was fatal to the case of prosecution---Prosecution evidence on the dimension of last-seen was neither confidence inspiring nor reliable---Last-seen evidence due to its inherent defects was fundamentally weak and the same failed to furnish any ground for conviction in absence of any independent corroborative evidence---Deceased had neither been last-seen in the company of the accused nor at the place of occurrence shortly before the time he was presumed to have met with death---Prosecution witness, Capital Police Officer, had categorically deposed that according to the police inquiry, the deceased had died due to road accident---Impugned verdict of acquittal of accused was neither perverse nor the result of misreading or non-reading of evidence---Appeal against acquittal was dismissed accordingly. Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103; Muhammad Akram v. The State 2009 SCMR 230; Muhammad Haneef v. Mst. Reshman and 3 others 1998 PCr.LJ 1576; Feroze Khan v. Fateh Khan and 2 others 1991 SCMR 2220; The State v. Izzat Noor 1985 PCr.LJ 457; Feroze Khan v. Captain Ghulam Nabi Khan and another PLD 1966 SC 424; Muhammad…

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