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---Accused was charged for committing murder of the brother of complainant by firing---Ocular account had been furnished by two eye-witnesses---Complainant of the case reiterated the contents of his fard-e-bayan---According to complainant he was present in his show room, when he received telephonic call with regard to murder of his brother by the accused---Said witness had failed to mention as to who was the witness, who made phone call to him and informed about the occurrence---Though, that witness had brought the law into motion, but fact remained that he had not witnessed the crime, thus being hearsay evidence his statement was not helpful to the case of prosecution---Even none of the witnesses deposed that they had informed the complainant to believe his statement---Both the alleged eye-witnesses had failed to justify their presence at the place of occurrence, when the crime had taken place---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Un-natural conduct of eye-witnesses---Scope---Accused was charged for committing murder of the brother of complainant by firing---Ocular account had been furnished by two eye-witnesses---Record showed that the conduct of both the said witnesses was unnatural, as both the witnesses knew the accused and the deceased, but despite such fact when at the first instance only there was only quarrelling, the witnesses did not intervene and try to save and separate them---Conduct of witnesses again unnatural as according to the witnesses, the accused after making firing escaped from the place of occurrence and the injured himself went towards the mortuary of Mosque---Not acceptable for a prudent mind that an injured persons being nearer to death and already knew to the witnesses,but despite such fact they did not render any help or assistance to the injured rather they let the injured to move to…

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