Law:

Section:

(a) Penal Code (XLV of 1860)--- -----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for the murder of brother of complainant by firing---Motive of the occurrence was that accused was given a motorcycle by brother of deceased and accused was annoyed on taking back said motorcycle by said brother of deceased---Ocular account of the occurrence was furnished by the sole eye-witness, who was complainant and real brother of the deceased---Record showed that the occurrence was of broad day light (2.20 p.m.) but the Investigating Officer did not record the statement of any independent witness nor the prosecution could bring any witness before the court to testify the story of occurrence---Statement of complainant recorded before the court contradicted the mode and manner of occurrence, as disclosed in the site-plan by complainant to the Investigating Officer---Police Official stated that statement of complainant was recorded in emergency room of the hospital at 15.00 hours, thereafter the injury sheet, inquest report of deceased were prepared and dead body was sent for post-mortem---Said witness stated during cross-examination that the dead body was brought to the hospital at about 2.45 hours---Medical Officer stated in his examination-in-chief that at 2.45 p.m., he conducted autopsy of the dead body of the deceased---Such circumstances showed that injury sheet, inquest report and post-mortem was conducted before scribing the report of the complainant at 15.00 hours, which suggested that the complainant lodged report after preliminary investigation---Such report would lose its sanctity and probative worth and as such would become a suspected document---Site-plan showed the distance between accused and deceased as 2 to 4 feet---When a fire shot was made from a distance of less than three feet, there would be blackening or charring marks on the corresponding wounds, but in the present case, no blackening or charring marks were found on the entry wound---Such condition revealed that medical report and site-plan were contradictory to each other, which had given a clear inference that the complainant was not present at the spot…

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