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 the daughter of the complainant---Motive for the crime was dispute over ornaments between the spouses---Ocular account of the occurrence had been furnished by the complainant, who happened to be mother of the deceased---Record showed that complainant had deposed in line with what she had alleged in her report---Son-in-law of the complainant who was cited in the FIR as eye-witness to the crime, was abandoned by the prosecution---Reason advanced by the prosecution in support of abandonment of said witness did not seem to be plausible---Complainant was the sole eyewitness of the case and in order to give corroboration and credence to her testimony, examination of abandoned witness was very vital and material---Solitary eye-witness account was seldom made base for recording conviction unless strong corroboration had come in support of what the solitary eyewitness had deposed---Circumstances established that the presence of sole eyewitness on the spot was not established through reliable and confidence inspiring evidence, hence, her sole testimony could not be accepted---Case against the accused had not been proved beyond any shadow of doubt, benefit of which would resolve in favour of accused--- Accused was acquitted in circumstances by setting aside the conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Solitary statement of complainant/eye-witness---Evidentiary value---Statement by the sole eye-witness had not been supported through any independent source of evidence or any circumstantial evidence of the case---Such evidence could not be relied upon for lacking corroboration. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement---Scope---Record showed that confessional statement of the accused was recorded on the third day of his arrest---Said confessional statement was of no help to the prosecution for conviction for the…

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