Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b),337A(i)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,374,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 148 & 149---Qatl-i-amd, causing shajjah-i-khafifah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of son of complainant and injuring his maternal grandson---Motive for the occurrence was of hurling abuses---Ocular account was furnished by complainant and the injured---Record showed that a person was cited by the complainant as eye-witness of the occurrence while getting his oral statement recorded by Investigating Officer---Complainant while appearing before the court again deposed that on hue and cry of his son said eye-witness came at the spot before the occurrence---Injured had also mentioned that said eye-witness came at the spot before the occurrence---Statement of alleged eye-witness was recorded by the Trial Court and the said eye-witness was administered oath, however, the Trial Court instead of recording his statement recorded the statement of his counsel to the effect that said witness would only furnish evidence regarding the recoveries effected by the Investigating Officer during the investigation and not regarding theocular account---Adverse inference, in circumstances, could be drawn against whole prosecution case due to the fact that a purported eye-witness of the occurrence failed to depose anything regarding the same when he appeared as a witness before the trial court---Scrutiny of the statement of alleged eye-witness resulted in only one irresistible conclusion that the other two witnesses deposed falsely---Circumstances suggested that none of the said witnesses were present at the crime scene at the relevant time---Statement of alleged eye-witness, as recorded, had put the whole ocular account in obscurity and hit at the very root of the prosecution case--- Complainant while being cross-examined replied that clothes of the witnesses were stained with blood and the same were handed over to the police---Investigating Officer of the case did not take the clothes of the eye-witnesses, which were stained with blood, into possession---Had said clothes been sent to the Chemical Examiner for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492