Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Material contradictions in evidence---Accused persons were convicted by Trial Court for murder of two persons---Material contradictions existed in evidence of key prosecution witnesses---Empty of cartridge was not recovered from place of incident though place of incident was inspected by police on the same day---No weapon was recovered from either of the accused which could connect them with commission of offence---Bloodstained earth recovered from place of incident was not sent to Chemical Examiner---Prosecution was bound to produce confidence inspiring and trustworthy evidence--- If a single circumstance created doubt in prosecution case its benefit must go to accused not as a matter of grace or concession but as a matter of right---Prosecution failed to produce such evidence against accused persons---High Court set aside conviction and sentence awarded by Trial Court and both accused were acquitted of the charge---Appeal was allowed in circumstances. Nazir Ahmed and others v. The State and others PLD 2005 Kar. 18; Muhammad Ashraf alias Acchu v. The State 2019 SCMR 652; Muhammad Mansha v. The State 2018 SCMR 772 and Muhammad Shah v. The State 2010 SCMR 1009 ref. G. M. Niaz v. The State 2018 SCMR 506 and Tariq Pervez v. The State 1995 SCMR 1345 rel. (b) Criminal trial--- ----Medical evidence--- Scope--- Medical evidence is used for ascertaining cause of death, nature of injury, use of weapons, period in between injury and death etc. and cannot be used to identify the culprits. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Incriminating evidence not put to accused---Remand of case---Scope---Case cannot be remanded to Trial Court for recording statement under S. 342, Cr.P.C. afresh so that prosecution can fill in lacunas in its case. Nusrat Ali Shar and others v. The State Criminal Appeals Nos. 24-K, 25-K and 26-K of 2018 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 342--- Incriminating evidence not put to accused---Effect---Evidence which has not been put to accused at the time of recording his statement under S. 342, Cr.P.C. cannot be…

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