Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Criminal trial--- ----Witness---Eye-witness, evidence of---Principle---In absence of physical proof or reason for presence of witnesses at the crime scene, the same cannot be relied upon. Muhammad Rafiq v. State 2014 SCMR 1698; Usman alias Kaloo v. State 2017 SCMR 622 and Nasrullah alias Nasro v. The State 2017 SCMR 724 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Night time occurrence---Absence of source of light---Natural witnesses, non-association of---Accused was convicted by Trial Court for causing Qatl-i-amd of husband of complainant---Validity---Failure of investigating officer to take into possession the electric bulb allegedly present at place of occurrence and had lighted at the occurrence proved that none was available and only an invented and false claim of such electric bulb was made by witnesses---High Court declined to presume existence of any light source as prosecution failed to establish fact of availability of light source---None of three brothers, two sisters and mother of deceased appeared before investigating officer to depose regarding occurrence which had taken place in the house inhabited by them---Such persons were the most natural witnesses of occurrence as their presence at place of occurrence could not be disputed---High Court rejected prosecution evidence as prosecution failed to produce inmates of place of occurrence---Division Bench of High Court set aside conviction and sentence awarded to accused who was acquitted of the charge---Appeal was allowed in circumstances. G. M. Niaz v. The State 2018 SCMR 506; Muhammad Ashraf Javeed and another v. Muhammad Umar and others 2017 SCMR 199 and Zafar v. The State and others 2018 SCMR 326 ref. Usman alias Kaloo v. State 2017 SCMR 622; Shamshad v. The State 1998 SCMR 854; Muhammad Irshad v. Allah Ditta and others 2017 SCMR 142; G. M. Nias v. The State 2018 SCMR 506; Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327; Mian Sohail Ahmed and others v. The State and others 2019 SCMR 956; Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068; Muhammad Javed v. The State 2016 SCMR 2021; Muhammad Ismail and others v. The State 2017…

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