Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Chance witness---Non-examination of private witnesses---Non-production of blood-stained clothes of witnesses---Effect---Prosecution case against accused persons was that they killed the deceased persons by firing---Complainant in his oral statement had stated that he along with others boarded a bus proceeding to place 'S', however, while appearing before Trial Court he and other witness stated that they were going to see the deceased---Said statement was in direct contrast to the sequence mentioned in the FIR---Both witnesses of the occurrence were chance witnesses---Complainant and the eye-witness stated that one of the deceased was fired at inside the bus and the deceased after receiving the fire shot fell on the seat---Contrary to the above, complainant and investigating officer stated that police took into possession blood-stained earth underneath the dead body of the deceased---Investigating officer stated that he did not collect the blood of the deceased from inside the bus---Neither the driver nor the conductor of the said bus was examined during the investigation---No one other than the related witnesses, who were riding the bus at the relevant time, were examined during investigation or trial of the case---Complainant admitted during cross-examination that the clothes of witnesses were stained with blood, however, said clothes were not taken into possession by the investigating officer---Appeal was accepted and conviction and sentences awarded by Trial Court were set aside---Murder reference was answered in the negative. Nadeem alias Nanha alias Billa Sher v. The State 2010 SCMR 949 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Medical and ocular evidence---Contradiction---Scope---Complainant and witness claimed that deceased was fired at when the accused person boarded the bus---Held; had such being the position blackening would have been observed at the time of post-mortem on the body of deceased---Doctor did not observe any blackening during post-mortem--- Appeal was allowed, in circumstances. Barkat Ali v. Muhammad Asif…

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