Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 22A,87,88,342,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Hearsay evidence---Unnatural conduct of eye-witnesses---Interested witnesses---Scope---Complainant claimed that his brother while grazing goats disappeared, he searched for him, but could not succeed and that through Balochi Hal-o-Awal he came to know that accused along with co-accused persons had committed the murder of his brother and had buried his dead body at an unknown place---Validity---Complainant's statement reflected that it was based on hearsay evidence---Complainant had not directly witnessed the crime---Complainant had failed to report the matter to police of disappearance of his brother---Complainant's statement was not helpful for the case of prosecution---Both eye-witnesses had failed to maintain the exact date, month and year of the occurrence; had remained mum for two years despite having relations with the complainant party and belonging to the same tribe---Statement of second eye-witness was silent regarding burial of the dead body---Both eye-witnesses had unanimously admitted that complainant had brought Holy Quran and had enquired about his brother to which they had informed the complainant about the murder and burial of his brother---Complainant's source of knowledge that both eye-witnesses had secrets of his missing brother was not disclosed---Eye-witnesses were close relatives of the complainant party, thus for a prudent mind it was difficult to presume that neither they had resisted the occurrence nor the culprits had harmed them to become witnesses of the occurrence---Conduct of witnesses created reasonable doubt with regard to their presence at the place of occurrence or witnessing the crime with their open eyes---Police surgeon did not take into possession the bone marrow of the dead body for DNA test to establish that the exhumed dead body was not of someone else, but of the brother of complainant---Prosecution failed to establish that either the missing brother of the complainant was murdered or that he was buried at the place pointed out by the second eye-witness---Nomination of accused persons…

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