Law: Pakistan Penal Code, 1860

Section: 302(b)

Testimony of witness-- ----It is well settled by now that when a witness improves his statement to strengthen prosecution case and moment it is concluded that improvement was made deliberately and with mala fide intention testimony of such witness does not remain reliable. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Contradiction between ocular account and medical evidence--Motive behind occurrence was that few days prior to incident, accused persons made aerial firing in front of house of complainant, who were forbidden in harsh tone by complainant due to illness of his father and because of said grudge accused persons committed murder of deceased and caused injuries to injured man--No exact date, time and place of motive incident have been mentioned in FIR--Moreover, motive incident was not reported to police by complainant party--If motive part of incident is admitted as true, then complainant would have been prime target of assailants instead of deceased, who allegedly forbidden appellant and his co-accused from making aerial firing--Furthermore, no independent witness qua motive was joined by police in investigation or produced by prosecution before trial Court during trial--Prosecution has failed to substantiate motive against appellant--So far as medical evidence is concerned, since have already discussed in preceding paragraph of this that there is contradiction between ocular account and medical evidence--Alleged recovery of 30 bore pistol at instance of appellant is concerned same is immaterial because report of Punjab Forensic Science Agency qua pistol is in negative--So far as defence plea taken by appellant in his statement under Section 342, Code of Criminal Procedure is concerned, since prosecution evidence is doubtful in nature, therefore, there is no need to discuss same which is exculpatory in nature--All pros and cons of this case and have come to this irresistible conclusion that prosecution could not prove its case against appellant beyond any shadow of doubt--Held: It is, by now well established principle of law that it is prosecution, which has to prove its…

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