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 son of complainant by firing---Perusal of the Murasilarevealed that the complainant received a telephonic call at 11:00 p.m. from the accused that deceased met with an accident---Informers phone number was not mentioned therein even the place of occurrence was not stated by the informer, then how the complainant reached at the spot---No report with regard to telephonic call was brought on record---No evidence regarding the person, who shifted the deceased from place of occurrence to hospital, was found and said fact was shrouded in mystery---Circumstances established that the prosecution failed to prove the charge against the accused through reliable and confidence inspiring evidence---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Last seen evidence---Scope---Accused was charged for committing murder of the son of complainant by firing---Record showed that there was no eye-witness of the alleged occurrence, however, at a subsequent stage, two witnesses, who allegedly were workers at the shop of the deceased and accused, surfaced on the scene and deposed that on the night of occurrence they had seen the accused along with the deceased in the same vehicle---Presence of said witnesses at the workplace at the time of departure of accused and deceased also required consideration---Said fact also raised questions that if both the said witnesses were the employees of the deceased, then why they went for condolence after lapse of five days---During cross-examination, one witness had stated that he participated in Janaza prayer where he also met the accused, but even then, the witnesses did not disclose the fact to the complainant and kept mum for a long time, therefore, their statements required corroboration---Investigating Officer, during cross-examination, admitted that he did not collect any evidence regarding the employment of said witnesses at the alleged workplace---Investigating Officer further deposed that…

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