Law: Pakistan Penal Code, 1860

Section: 302(b)

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

Section: 129(g)

(a) Criminal trial--- ----Circumstantial evidence---Scope---Prosecution was duty bound to link each circumstance to the other in a manner that it should form a continuous chain of circumstances firmly connecting the accused with the alleged offence---If one ingredient of chain was missing then whole evidence would be discarded and prosecution case would fall on ground. Ibrahim and others v. The State 2009 SCMR 407 and Muhammad Hussain v. The State 2011 SCMR 1127 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Withholding of evidence---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Prosecution case was that before Maghrib prayer four persons made firing upon two brothers of complainant, due to which, they died---Motive behind the occurrence as disclosed in the crime report was that the accused had suspicion that deceased had illicit relation with his sister---Record showed that name of the accused reflected nowhere in the crime report---Nominated accused were declared innocent and the accused was nominated by the complainant later---Brothers of complainant were shot at had not been seen by the complainant and he was attracted at the place of occurrence after hearing report of firing---Complainant had not seen the accused firing at the deceased---Prosecution case against the present accused was entirely structured upon the evidence of last seen adduced by paternal uncle of deceased persons---Said witness had stated that prior to half an hour of Maghrib prayer, he along with his friend had seen the accused, who was briskly going towards jungle carrying a .30 bore pistol in his right hand---Said witness, after completion of autopsy proceedings, informed the complainant next day that he had seen the accused while going towards jungle while lashing 30-bore pistol---Statement of said witness was recorded by the Investigating Officer next day of occurrence and no reason was cited by him for withholding the most vital information---Said witness had stated that they heard Maghrib Azan at the house of their uncle, where dead bodies were laid, which showed that they reached the place of…

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