Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Criminal trial--- ----Witness---Improvement statement---Effect---If a witness had made improvement to strengthen the case of prosecution, which is found to be deliberate and dishonest, the same would cause serious doubt on the veracity of said witness. Jehan Bahadur v. The State 2013 YLR 2772 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he and co-accused committed murder of the son of the complainant and his friend by firing---Record revealed that the complainant was not an ocular witness---Complainant had nominated the accused in fard-e-biyan, but failed to disclose the source who had disclosed the name of accused to him---Disclosure of name of the accused became mystery---Medical reports only confirmed injuries on the body of the deceased, which was supportive piece of evidence and not corroborative---Appeal against conviction was allowed, in circumstances. Sajjan Solangi v. The State 2019 SCMR 872 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon, casing, dead bodies and motor cycle were made on the disclosure of accused---Reliance---Scope---Accused was charged that he and co-accused committed murder of the son of the complainant and his friend by firing---Record showed that recovery of alleged crime weapon and casing was made on the pointation of accused after seven days of his arrest---Prosecution had made an attempt to prove that the recovery of alleged TT pistol .30 bore had been made voluntarily---Accused was arrested on 5th February, 2012, while on 12th February, 2012, the recovery of alleged crime weapon, casing and motorcycles of deceased was made---Record transpired that the prosecution discovered the dead bodies on 2nd February, 2012, but failed to recover the motorcycle of the deceased and alleged crime weapon from the place where the dead bodies were earlier recovered---Record of prosecution showed that the alleged recovery of crime weapon and casing were made on disclosure and pointation of the accused from an open place which…

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