Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 173,265C,342,374,544A

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Chance witness---Scope---Accused person was alleged to have murdered the sister of complainant by inflicting toka blows---Eye-witnesses were brothers of deceased and were chance witnesses because they were neither residents of the place of occurrence nor had any place of business there---No plausible reason was offered by the witnesses for meeting their sister because one day prior to the occurrence, they had met the deceased along with their parents---Prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal was allowed, conviction and sentence awarded to accused were set aside. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive not proved---Non-production of material witnesss---Effect---Accused person was alleged to have murdered the sister of complainant by inflicting toka blows---Motive behind the occurrence, as alleged in the FIR, was that accused (brother-in-law of deceased) tried to develop illicit relation with the deceased and she reprimanded him---Husband of deceased was an important witness with regard to the motive but he was not associated with the investigation---No independent witness qua motive was brought in the witness box during trial---Prosecution was not able to substantiate the motive part of the occurrence---Appeal was allowed, conviction and sentence awarded to accused were set aside. (c) Penal Code (XLV of 1860)--- ----S. 302--- Qatl-i-amd--- Medical evidence---Un-witnessed occurrence---Scope---Medical evidence produced by the prosecution was not of much avail to the prosecution because the murder in issue had remained un-witnessed---Medical evidence did not point out anything against any of the culprits---Medical evidence was supportive piece of evidence and relevant only if the primary evidence i.e. ocular account inspired confidence. Muhammad Saleem v. Shabbir Ahmad and others 2016 SCMR 1605 ref. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of…

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