Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused killed the son of complainant by slitting his throat through dagger---Motive was stated to be a verbal altercation, which had taken place between the deceased and the accused on the day of occurrence---Record showed that after commission of offence, accused went into hiding and consequently proceedings under S. 512, Cr.P.C. were initiated against him---Complainant of the case did not appear before the court due to his infirmness and incapability to give evidence---However, Trial Court had allowed the prosecution to bring on record the statement of complainant, which he had recorded in the case during the proceedings under S.512 Cr.P.C.---Prosecution's stance that the complainant could not attend the Trial Court due to his infirmness but there was no material on the case file to support the prosecution's said version---Statement of complainant recorded under S. 512, Cr.P.C. in circumstances, could not be legally considered against the accused---Prosecution had relied upon the testimony of eye-witness---No doubt, said witness was not related to any of the parties, but on record, there was no material, which could corroborate his deposition so as to make it a base for recording conviction---Record transpired that three persons were present in the Hujra when the accused came there, took out dagger from the folder of his Shalwar and killed the son of complainant by slitting his throat---None of the three persons present there prevented the accused from committing the offence nor they raised any hue and cry over the cruel act---Said persons acted like silent spectators, which conduct of theirs' casted serious doubt on their presence on the spot---Two persons were not related to the victim so as to rescue him but the complainant being father, must have come to the help of his son, if he was present on the spot---Deceased was a young man of twenty five years and his slitting could not be the job of one person as reported and deposed by the prosecution witnesses---Slitting of a young man could not be done by a single person,…

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