Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,173,342

(a) Criminal trial--- ----Circumstantial evidence---Sentence---Scope---Capital punishment could be awarded if unbroken chain of circumstances from the stage of last seen evidence till death of the deceased was established by conclusive evidence. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal ---Prosecution case was that brother of complainant was done to death by unknown persons by using firearm---Accused were involved in the case on the basis of circumstantial evidence---Record showed that Investigating Officer reached the accused/respondents by scrutinizing the Call Data Record of the deceased and found that there were so many calls from a mobile number---Investigating Officer interrogated the person, in whose name the said number was registered---Said person disclosed that he exchanged SIM with respondent/accused, who was brother of his friend---On such information, police started investigation against the respondent/accused and arrested him and subsequently the original owner of the SIM was made as witness---Statement of said witness was recorded before the Trial Court---Said witness, in his cross-examination, admitted that he, while recording his statement under S.164, Cr.P.C. before Judicial Magistrate did not disclose regarding exchange of SIM---Driver of the deceased/witness had disclosed that at 6.00 a.m. he went to offer Fajar prayer and came outside the building and saw one car, wherein he found one person already boarded while other was about to board therein---Driver, in his examination-in-chief, admitted that he knew respondent/accused who used to come at the place of incident with deceased prior to the occurrence, but he did not disclose his name before the Investigating Officer that he had seen the respondent/accused at 6.00 a.m. outside the building---Said witness had simply disclosed about the features of the culprits---Version of said witness was not supported by Chowkidar of the building or any other person to believe that at about 6.00 a.m. the respondents/accused were seen outside the building---Investigating Officer had failed to record the…

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