Law: Pakistan Penal Code, 1860

Section: 302,302(b),311

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,345,382B,544A

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Appreciation of evidence---Substitution of culprit---Scope---Substitution of real culprit especially in cases where eye witnesses lost their kith and kin before their own eyes was rare phenomenon. Sheraz Khan v. The State 2010 SCMR 1772 rel. (b) Criminal trial--- ----Interested witness---Scope---Interested witness is one who is interested in conviction of an accused for some ulterior motive---When defence cannot bring on record any ulterior motive of complainant or witnesses to falsely implicate accused in case and fails to attribute any malice on prosecution witnesses, such are reliable witnesses. Muhammad Aslam v. The State 2012 SCMR 593 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Role, attribution of---Recovery of crime weapon---Proof---Motive not proved---Accused was alleged to have murdered his wife---Deceased was vulnerable dependent of husband and had met unnatural death at house of accused, therefore, accused was under legal obligation to narrate circumstances in which such unnatural death of his wife had occurred---In absence of any plausible explanation, accused was liable to be held fully responsible for homicidal death of deceased especially when recovery of dead body also found ample corroboration from other circumstances of case like medical evidence and recovery of weapon of offence---One crime empty was taken into possession by investigating officer from place of occurrence which was subsequently sent to Forensic Science Agency---Accused was arrested by investigating officer and he made disclosure and got recovered weapon of offence which was subsequently sent to Forensic Science Agency---According to report of Forensic Science Agency, weapon of offence recovered on pointing of accused matched with crime empty collected by investigating officer from place of occurrence and further strengthened case of prosecution against accused---Prosecution could not prove motive part of incident but sufficient incriminating evidence was available on record to convict accused on charge of murder of his wife---Trustworthy and confidence inspiring…

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