Law: Criminal Procedure Code (V of 1898)

Section: 87,161,204,265-C,340(2),342,382-B,512,54 4A

Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b),324

(a) Criminal trial--- ----Benefit of doubt---Principle---Prosecution is duty bound to bring home charge against the accused beyond any reasonable shadow of doubt, most particularly in cases where capital punishment is provided---Prosecution is under statutory obligation to bring on record unimpeachable and lucid evidence, which shall satisfy the judicial mind of the court with regard to the proof of charge levelled by the prosecution against the accused indicted for the crime. (b) Criminal Procedure Code (V of 1898)--- ----S. 512---Statement of witness recorded in absence of accused---Transfer of statement of witness recorded in proceedings under S. 512, Cr.P.C.---Validity---Statement of a witness duly recorded under S. 512, Cr.P.C. can be transposed to the trial of accused subsequently arrested and the same will fall within the category of substantive evidence---Yet the court has to evaluate the same on case to case basis with care and caution while considering the intrinsic worth of the statement in the circumstances of each case for the reason that the same has not been subjected to cross-examination. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party comprising of five persons including appellants made firing upon the complainant party, due to which son of complainant died---Motive for the commission of offence was alleged murder of son of co-accused who actually died due to heart attack, but the accused party suspected the deceased to have murdered him--- In the present case, the presence of the complainant at the time of occurrence was not believable for the reason that he had neither disclosed the purpose of his visit to the place of occurrence nor he took the dead body of the deceased to the police station or to the hospital---Complainant had been waiting for the arrival of the police at the spot and thereafter lodged the report, whereas it was admitted fact that the place of occurrence was at a distance of two kilometres from police post---Perusal of…

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