Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),394,511

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,340(2),342,374,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 394, 511 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, voluntarily causing hurt in committing robbery, attempting to commit offence punishable with imprisonment for life or a shorter term, common intention---Appreciation of evidence---Supplementary statement---Scope---Prosecution case was that the accused and co-accused committed murder of brother of the complainant---Record showed that no accused was nominated in the FIR but alleged that four persons committed the offence---Complainant later on nominated three persons as accused, including the present accused-appellant through supplementary application---Application mentioned that two persons had told the complainant that his brother was murdered by accused and co-accused during dacoity---Said application did not show as to how it had come into the notice and knowledge of the informers that alleged three accused had committed murder of victim during dacoity---No source was mentioned in the said supplementary application in that regard although the application was moved about 1-1/2 months after the registration of the case---Supplementary application, in circumstances, was of no evidentiary value in the peculiar circumstances of the case particularly when testimony of both the informers had not been relied by Trial Court---Application on the basis of which FIR was got registered, showed that it was a targeted murder but through supplementary application entire mode and mechanism of the occurrence had been changed--- Supplementary application had changed the case that of murder during dacoity and number of accused had been reduced from four to three---Circumstances established that very registration of the case and nomination of the accused was of no help to the prosecution---Said vital aspect of the case had lost its efficacy and same was fatal for the case of prosecution. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 394, 511 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, voluntarily causing hurt in committing robbery, attempting to commit offence punishable with imprisonment for life or a shorter term, common…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492