Law: Pakistan Penal Code, 1860

Section: 34,201,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with his co-accused committed murder of the daughter of the complainant---Record showed that complainant neither in written application nor in his statement before the court had disclosed anything against the accused persons---Investigating Officer recorded statement of two persons after about 26 days of the occurrence, who claimed themselves as eyewitnesses of the incident---Said witnesses were, however, not residents of near or around the place of occurrence rather residents of another district and at a distance of 200 kilometres from the place of occurrence---Said witnesses could not offer any plausible reason regarding their presence at the place of occurrence---No person appeared during investigation or trial to verify claim of their presence/visit at or near the place of occurrence at the relevant time---Said witnesses could not offer any plausible explanation with respect to delay in getting recorded their statements to the police---Said witnesses could not explain that if they had seen the occurrence why they did not make any hue and cry or report the matter immediately to the police---Witnesses had even accepted in their statements that they did not know accused persons and deceased and even were not having any knowledge about their names---Occurrence allegedly took place at night in the street where no source of light had been disclosed by the said eye-witnesses as to how they identified accused persons and deceased and how they came to know about their names was a mystery, which could not be answered by them---Said witnesses had claimed that they had seen the occurrence being committed in the street but no one from the said street had confirmed the fact---Neither said witnesses had pointed out alleged place of occurrence to the Investigating Officer nor any site-plan regarding the same was prepared---Circumstances and facts of the case showed that both the said witnesses had not seen the occurrence and they had just became the witnesses on asking of relative of the complainant…

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