Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Occurrence in broad day light--Sole eye-witness who is complainant and brother of deceased--Legitimately be termed as an interested witness and his statement be thrashed out with care and caution--Occurrence at main bazar, near shop of deceased--Site plan shown point, where motorcycle was standing and deceased sitting on it--But Eye witness contradicts mood and manner of occurance--Accused fired from 2-4 feet as per site-plan but no blackening or charring marks was observed by Doctor--No crime empty was recovered from place of occurrence--FSL report regarding working of weapon not sufficient--Non recovery of blood-stained earth from place of occurrence--Benefit of doubt goes to accused--Appeal allowed acquitted. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Solitary statement of a witness--Would be a base for conviction, when it rang true, confidence inspiring and trustworthy--Uncorroborated solitary statement of an interested and inimical witness shall not be basis for conviction of accused. Gul Muhammad vs. State and another, PLJ 2014 Cr.C. (Peshawar) 334 (DB) Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--FIR has a very significant role to play being a corner stone of prosecution case--Any doubt in lodging of FIR rise to a benefit in favour of accused--FIR lodged after conducting and inquiry loses its evidentiary value. Iftikhar Hussain and others vs. The State 2004 SCMR 1185 & Muhammad Wasif Khan and others vs. The State and others 2011 PCr.LJ 470, ref Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Confession before police that weapon recovered fom accued was used in commission of crime--Admission before policy by accused for committing offence with some specific weapon is not admissible as per Art. 38 of Qanun-e-Shahadat Order, 1984. Riasat Ali and another vs. The State and others 2015 PCr.LJ 995, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Motive with younger brother of deceased and not with deceased or eye-witness/complainant--Held: there was no motive with accused to give at deceased--Such weak and shaky type of motive…

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