Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) , 34---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt--- Circumstantial evidence---Scope---Accused was charged for committing murder of the brother of complainant---Record showed that on 26.03.2019 at about 5:30 to 6:00 p.m., the victim left with the accused in order to collect his outstanding amount---At about 7:19 p.m., the victim informed the witness about the purpose of leaving with the accused and instructed him to attend his shop---Thereafter victim neither contacted with said witness nor came back---On 27.03.2019, the officials of levies thana informed the complainant that the dead body of his brother/deceased was found---Complainant reached the hospital and there he found the dead body of his brother/deceased---Complainant suspected that his brother had been murdered by the accused---Witness stated in his statement that on 26.03.2019, he contacted the deceased through telephone at 5:30 to 6:00 p.m., who told him that he was going to collect his outstanding amount to accused and on the next date he knew that the murder of the deceased had been committed---Another witness stated in his statement that on 26.03.2019 at 7:30 p.m., the deceased called him through mobile phone and told that he was going to collect his outstanding amount from accused and further told that accused was not trustworthy---On the next day he knew about the murder of the deceased having been committed---None of the said witnesses stated a single word in their statement, either they had seen the accused with the deceased on 26.03.2019, and they only stated that they contacted the deceased through mobile phone who told them that he was going to collect his outstanding amount from accused---Statements of witnesses were not found up to the mark---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Imran alias Dolay v. The State and others 2015 SCMR 155; Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 and Naheed Akhtar v. The State 2015 YLR 1279 rel. (b) Criminal…

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