Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b),379,452

Law: Qanun-e-Shahadat (10 of 1984)

Section: 151

Law: Criminal Procedure Code (V of 1898)

Section: 265C,340(2),342,374,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 265-C---Qanun-e-Shahadat (10 of 1984), Art. 151---Qatl-e-amd and common intention---Appreciation of evidence---Benefit of doubt--- Surprise evidence--- Chance witness---Scope---Prosecution case was that accused persons entered the house of deceased and killed him and his wife---Prosecution in order to prove its case produced complainant and her son, who claimed to be present on the spot along with three other eye-witnesses---Statement of complainant, recorded after the occurrence, revealed that she had not named her son as a witness of the occurrence---Complainant's son admitted that prior to appearing before the Trial Court he had not appeared before the police ever during the investigation and had not made any statement about the occurrence---Law provided protection against exposing the parties to such kind of "surprise evidence"---Purpose of enacting S. 265-C, Cr.P.C. was to provide a safeguard regarding introduction of such kind of evidence---Article 151, Qanun-e-Shahadat, 1984 provided a mechanism for impeaching the credit of a witness by producing the proof of his former statements inconsistent with any part of his evidence liable to be contradicted---Complainant had stated that the reason for her presence at the house of deceased was that deceased had sold his land one month prior to the occurrence and due to this reason relations between deceased and his first wife had become strained---Complainant had stated in her private complaint that deceased had sold the land twenty one days prior to the occurrence---Complainant had stated in her statement on the basis of which FIR was recorded that deceased had sold his land ten days prior to the occurrence---Complainant was herself unsure of the dispute between the two wives of the deceased---Complainant never mentioned the date of her arrival in the house of deceased---Complainant admitted that she resided at a distance of one kilometer from the place of occurrence---Complainant's reason for presence at the place of occurrence was the settlement of dispute between the wives of deceased---Complainant's reason was…

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