Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-justification for the presence of witnesses at the place of occurrence---Chance witnesses---Scope---Accused was charged for committing murder of brother of the complainant by firing---Motive behind the occurrence was a quarrel between deceased and accused---Ocular account of the incident had been furnished by brother of deceased/complainant and his cousin/witness---Admittedly, said witnesses were not the residents of the place of occurrence, thus, they were chance witnesses---Motorcycle was not even produced by the witnesses during the investigation of the case so as to establish the fact asserted by them that the deceased and complainant had indeed arrived at the place of occurrence on a motorcycle---Failure of the prosecution to produce the motorcycle under the use of the deceased and complainant reflected poorly on the prosecution case---No explanation had been furnished as to how the accused came to know about the travelling plans of the deceased and his sudden stay at the place of occurrence which had been brought upon by a phone call received by complainant---Prosecution witnesses had failed to establish the reason for their presence at the place of occurrence at the time of occurrence---Alleged eye-witnesses were not mentioned either in column No.4 or page 4 of the inquest report as being the ones who were present at the time of preparation of the said inquest report by the Investigating Officer---Said witnesses were also not the ones who had identified the dead body of the deceased at the time of the post-mortem report---All those omissions were conspicuous by their absence---In absence of physical proof or the reason for the presence of the witnesses at the prime scene, the same could not be relied upon---Post-mortem report showed that mouth of the deceased was opened, which clearly showed that the dead body was not attended to by his brother and cousin as claimed---If the witnesses were present then at least after the death, as was a consistent practise of such close relatives, they would have closed mouth of the deceased on his expiry, thus,…

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