Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Extra-judicial confession---Scope---Accused were charged for the murder of brother of complainant---Record showed that prosecution witnesses had over-heard the conversion of accused persons, at the Dera of co-accused late in the night, to the effect that accused had murdered the brother of complainant at the instance of co-accused---Said witnesses shared the said information with the complainant, who along with his brother visited the Dera of co-accused---Complainant had alleged that co-accused came there and in weeping style confessed that he had committed mistake by commission of murder of their brother through accused, they begged pardon from them---Testimony of complainant in that regard was not believable for the reason that prosecution witnesses had allegedly left Dera of co-accused during late hours of night and thereafter they purportedly met the complainant and subsequently the complainant along with other witnesses visited the Dera of co-accused---Neither any time of such visit had been stated by the witnesses nor it was believable that at odd hours of night, he would visit Dera of murderer of his brother---Co-accused in his extra judicial confession had not given details of the occurrence and as such said story could not be treated as confession made by the accused. Nasir Javaid v. The State 2016 SCMR 1144 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence---Scope---Accused were charged for the murder of brother of complainant---Prosecution witness deposed that on 2.1.2011 at 7/8.00 p.m. he along with witness, (given up) visited house of the deceased in order to obtain a chit to get diesel on credit from his petrol pump---Said witnesses stated that they saw the co-accused along with unknown pillion rider on a motorcycle in the street---Witnesses, after getting favour from the deceased proceeded back and again saw co-accused on the motorcycle---Said incident of last seen was told by said witnesses to the complainant on 8.5.2011---Record…

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