Law: Penal Code (XLV of 1860)

Section: 302(b)

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

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Un-natural conduct of eye-witnesses---Effect---Withholding best evidence---Sending of empties along with weapon---Negative report of Forensic Laboratory---Motive, not proved---Scope---Accused was alleged to have murdered the mother of complainant within his presence and two of his brothers ---Conduct of eye-witnesses was against normal human conduct as none of them tried to make any effort to save the life of their mother and overpower the accused---One of the three alleged eye-witnesses was not produced---Report was lodged by the complainant with a delay of four hours---Investigating Officer had recovered three empty shells of 12 bore shotgun on 13.10.1994 but the same were sent to the Forensic Laboratory on 21-09-2016 along with shotgun, which were received in the Forensic Laboratory on 04-10-2016, where it was opined that those were not fired from the shotgun in question---Motive was not proved by the prosecution through conclusive evidence---Appeal against conviction was allowed, in circumstances. Mst. Asia Bibi v. The State and others PLD 2019 SC 64 rel. (b) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Recovery of empties---Dispatch to Forensic Laboratory---Scope---Empties recovered from the spot were to be sent to the Forensic Laboratory without any delay, failing which such evidence does not remain free from doubt and cannot be used against the accused. Ghulam Akbar and another v. The State 2008 SCMR 1064 and Muhammad Ashraf alias Acchu v. The State 2019 SCMR 652 ref. (c) Penal Code (XLV of 1860)--- ----S. 302--- Qatl-i-amd---Recovery of empties--Corroborative evidence--Scope---Recovery of empties is a corroborative piece of evidence and where direct evidence fails, corroborative piece of evidence is of no avail. Ghulam Akbar and another v. The State 2008 SCMR 1064 and Muhammad Ashraf alias Acchu v. The State 2019 SCMR 652 ref. (d) Criminal trial--- ----Benefit of doubt---Scope---Quality of evidence must be of first degree and sufficient enough to dispel the apprehension of the…

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