Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---No justification for presence of witness at the spot--- Chance witness--- Scope--- Accused were charged for committing murder of the brother of the complainant by firing---Record showed that no independent corroboration to the ocular account furnished by the eye-witness produced by the prosecution was forthcoming---Presence of the eye-witness at the relevant time was not free from doubt because if he had been present at the spot at relevant time, then why did he not try to rescue the deceased especially when he had seen the accused escaping from the crime scene---Place of occurrence was an open ground in a populated area---Eye-witness, who admittedly was a scrap dealer on a Thela and a chance witness, had failed to explain and establish the reason for his presence at the time of occurrence---Peculiar features of the case was that when eyewitness had seen the occurrence, he ran away from the place of occurrence and did not inform anyone---Said eye-witness on the next day out of curiosity went to the place of incident and found the police party present there and volunteered information to the police party that he had seen the crime and could recognize the criminal if shown to him again---If said witness was ready to become a witness voluntarily then why he was not made a witness by the police at the first instance---Said witness being a scrap dealer had also not been able to prove his presence in an open ground---Eyewitness had admitted in his evidence that he had given no physical description of the accused person to police at the time of recording of 161 Cr.P.C. which was the most important aspect and evidence coming from an eye-witness---In the absence of all such facts, the prosecution had failed to establish the corroboration of the presence of witness in the area beyond reasonable doubt on the date of incident---Circumstances established that the present case was replete with number of circumstances which had created serious doubt about the prosecution story---Appeal against conviction was allowed, in circumstances. Imtiaz Ali Taj v.…

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