Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 174,340(2),342,382B,544A

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

Section: 38,39

(a) Criminal Trial--- ----Benefit of doubt---Scope---Duty of prosecution to prove guilt of accused beyond any reasonable doubt---Benefit of doubt must be extended to accused not as a grace but as of right. Wajahat Ahmed v. State 2016 SCMR 2073 rel. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Appreciation of evidence---Motive---Effect---Not necessary that every murder have motive but once a motive has taken, prosecution is bound to prove the same. Liaquat Ali alias Liaqi v. State 2018 YLR 550 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 38 & 39---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Interested witness, evidence of---Disclosure before police---Effect---Witnesses were related to deceased having enmity with accused---Conviction, on the basis of interested and inimical witnesses in capital charge could not be sustainable---Such witness required independent corroboration which was lacking in the present case---Prosecution brought on record disclosure of accused made before police---Such disclosure revealed that prosecution ignored provisions of Arts. 38 & 39 of Qanun-e-Shahadat, 1984 according to which such type of evidence was inadmissible---No new facts were discovered on basis of admission/disclosure of accused---No firearm was recovered from accused even after arrest---Mere recovery of empty cartridge prior to arrest of accused was not enough to prove case of prosecution---Simply narrating story which was already in knowledge of police and complainant party could not be termed admissible---High Court set aside conviction and sentence passed by Trial Court and extended benefit of doubt to accused and acquitted him of charge---Appeal was allowed in circumstances. Wajahat Ahmed v. State 2016 SCMR 2073; Liaquat Ali alias Liaqi v. State 2018 YLR 550; Zahoor Ilahi v. State 1997 SCMR 385; Hayatullah v. State 2018 SCMR 2092; Munir Ahmed alias Munni v. State 2001 SCMR 56; 2017 SCMR 2002 and Muhammad Arif v. State 2019 PCr.LJ 337 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of accused---Incriminating evidence, non-placing of---Effect---When an incriminating…

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