Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-----Ss. 302 & 34--Sentence--Challenge to--Ocular account--No crime empty ocular account--No crime empty was taken into possession during investigation--Elapsed between death and post-mortem examination--Delay in postmortem examination of dead-body of deceased casts doubt about presence of eye-witnesses on spot at time of incident. Pakistan Penal Code, 1860 (XLV of 1860)----Ss. 302(b) & 34--Sentence--Challenge to--Dishonest improvements--Appreciation of evidence--Benefit of doubt--Eye-witnesses while appearing before trial Court, in order to strengthen prosecution case, made dishonest improvements, they were confronted with their previous statements and improvements were brought on record--It is well settled by now that when a witness improves his statement to strengthen prosecution case and moment it is concluded that improvement was made deliberately and with mala fide intention testimony of such witness does not remain reliable--Medical evidence produced by prosecution was not of much avail to prosecution because murder in issue had remained unwitnessed and thus medical evidence could not point an accusing finger towards appellant--Prosecution could not prove its case against appellant beyond any shadow of doubt--It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence-- Prosecution remained failed to discharge its responsibility of proving case against appellant--It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story. Motive-----Substantiate motive--No independent witness qua motive was joined by police in investigation or produced by prosecution before trial Court during trial--Prosecution has failed to substantiate motive against appellant. JUDGMENT SHEHRAM SARWAR CH. JUSTICE:---.--- Muhammad Azam (appellant) alongwith his…

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