Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Chance witness---No justification for presence of witness at the place of occurrence---Un-natural conduct of the eye-witness---Effect---Prosecution case was that the complainant in injured condition reported that accused, duly armed with firearm made firing at him, as a result of which, he sustained injuries---Later on, the injured complainant succumbed to the injuries---Ocular account of the incident had been furnished by the brother of the complainant, who had introduced himself as an eye-witness---Said witness stated that accused came and started firing at his brother---After receiving the fire shot, the deceased then injured, fell to the ground and the accused decamped from the spot---Eye-witness further stated that he asked the nearby people to arrange a vehicle for transportation of the injured to the hospital---Meanwhile his uncle also reached to the spot, who took the injured in a pickup to the hospital accompanied by other co-villagers and that he was asked to stay at the spot---High Court observed that if it was presumed that the complainant was well oriented in time and space then despite mentioning other people as witnesses of the occurrence the complainant would have straightaway named his brother as the eye-witness but he was not named so---If alleged eye-witness was present there, he would have been named in the report by the complainant and he would have signed the FIR as a rider---When the complainant received firearm injuries, then why eye-witness being present on the spot did not accompany his injured brother to the hospital to save his life---Presence of eye-witness became further doubtful as one of the marginal witnesses stated that he along with the Investigating Officer reached to the spot at 10.35 a.m. and that no one from the locality including the eye-witness was present there---Marginal witness stated that after arrival at the spot the Investigating Officer informed the eye-witness to reach to the spot and accordingly he did---Prosecution, in circumstances, could not prove presence of the eye-witness on the spot but it was…

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