Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code, (V of 1898), S. 302(b)--Appreciation of evidence--Benefit of doubt--There is no direct evidence available against the appellant in this case and the prosecution's case rests upon circumstantial evidence--Appellant had made extra judicial confession, do not inspire confidence--Admittedly neither both the PWs are Lumberdar or the prominent personalities of the area, nor the relatives of the deceased--Despite making of extra judicial confession by the appellant before them; they did not overpower him for producing before the police and to go escort free; hence making of extra judicial confession by the appellant before them is unbelievable--Even otherwise, extra judicial confession is week type of evidence and such like confession can easily be procured whenever direct evidence of crime is not available--Recovery of weapon of offence i.e. wooden rod and Seiko wrist watch was effected from an open place i.e. wheat crop field, which is accessible to every person--Wooden rod is of common pattern and easily available in market--Medical evidence may confirm the ocular evidence with regard to the seat of injuries, nature of injury, kind of weapon used in the occurrence but it would not connect the accused with the commission of crime--Supplementary statement is based upon extra judicial confession allegedly made by the appellant before PW's, which is weak type of evidence--Conviction is set aside and appeal is accepted. Extra judicial confession-- ----Extra judicial confession is week type of evidence and such like confession can easily be procured whenever direct evidence of crime is not available. 2006 SCMR 231; 1996 SCMR 188; 2010 PCrLJ 1730; 2015 SCMR 155 ref. Medical evidence-- ----Medical evidence may confirm the ocular evidence with regard to the seat of injuries, nature of injury, kind of weapon used in the occurrence but it would not connect the accused with the commission of crime. 2009 SCMR 1410; PLD 2009 SC 53 ref. Supplementary statement-- ----Supplementary statement is based upon extra judicial confession allegedly made by the appellant before PW's, which is weak type of…

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