Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Time between death of deceased and post-mortem was 6 to 12 hours---Complainant had massively improved upon his statement which was initially made before the Police---Prosecution relied upon judicial confession by both accused persons before the complainant and other prosecution witness, but Investigating Officer as court witness denied appearance of said witnesses before him to share details of any confessional statement---No reason existed as to why the Investigating Officer would withhold that information, while he had taken all other investigative steps to the detriment of accused persons---Private complaint appeared to be instituted to space evidence, earlier omitted---Statements of two prosecution witnesses, were found far being plausible---Contention that the deceased was done to death in house of the complainant under mysterious circumstances, though not in accord with the crime scene shown in site plan as well as in the face of cross-examination, merited serious consideration in view of negative seminal report---Homicidal nature of death, though could not be doubted, however, that by itself could not establish guilt of accused persons, particularly after failure of prosecution to establish the story of extra judicial confession---Accused persons could not be convicted merely on account of their relationship with the deceased or upon their failure to satisfactorily explain the circumstances leading towards death of deceased without potential risk of error---Whole case being fraught with doubts, it would be unsafe to maintain the conviction of accused persons---Extending benefit of doubt to accused persons their appeals were allowed and they were acquitted from the charge, in circumstances. Nazeer Ahmad v. The State 2018 SCMR 787 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Evidence of extra judicial confession---Scope---Evidence of extra judicial confession was a weak piece of evidence and could not be made basis for conviction unless found to have come from a most unimpeachable source, thattoo, with strong corroboration. THIS…

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