Law:

Section:

(a) Criminal trial--- ----Circumstantial evidence--- Scope--- Standard of adjudging the criminality of an act may not be different but each circumstance must be linked with other---If there was no break in link of circumstances, there can be no difficulty to reach at a definite conclusion. (b) Criminal trial--- ----Circumstantial evidence--- Requirements--- Circumstances from which conclusion is to be drawn should be fully established; all facts should be consistent with hypothesis; circumstances should be of a conclusive nature and should lead to a moral certainty and actually exclude every hypothesis but one proposed to be proved. (c) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Chance witness---Unnatural conduct of witness---Scope---Accused was charged for committing murder of his wife and two daughters---Admittedly, it was an unseen occurrence---Prosecution case against the accused was based on circumstantial evidence---Accused was not nominated in the FIR, however, the evidence of wajtakar offered by the witness revealed that he was coming along with another person from his duty at 12:30 at night and had seen that the accused wearing white coloured blood stained shalwaar kameez while coming out of his own house and sitting in a car hurriedly---On the next morning said witness went to his job/work and observed that so many people had gathered there and once again upon his return from his duty, he had seen the Police Officials standing there in connection with the incident and then he informed the Investigating Officer about the fact that he had seen the accused/appellant hurriedly going away---No explanation was offered by the prosecution as to why the witness kept quiet for about 24 hours, in particular, when early in the morning so many people had gathered there and he did not inquire from any of them as to what had happened---Behavior of the said witness was questionable---Said witness did not enquire/ask anyone the purpose of that gathering and on the other hand nobody was inquired by the witness about the purpose of their gathering---Witness made no effort, whatsoever,…

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