Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-amd--Acquittal of co-accused persons--Absconsion of accused--Death of the witnesses--Solitary witness--Statement of witnesses recorded against co-accused persons--Appreciation of evidence--Acquittal of alongwith four other co-accused was booked in the instant case for committing murder of father of the complainant--Three co-accused were ultimately tried and acquitted of the charge by a separate --The occurrence which took place was witnessed by complainant and two other witnesses--Only one PW-5 appeared in the witness box in the current round as the remaining two witnesses died during the absconsion period of the appellant--So, this is the case of solitary statement--Conviction can be made on the basis of solitary statement of an eye-witness--Trial Court while convicting the appellant had relied upon the medical evidence comprising the postmortem report and the statement of the doctor in the earlier trial of the three co-accused of the appellant but the same was never exhibited during the current trial of the appellant--Witnesses should be examined only once and their statements read out as evidence in the other case is not supportable in law--Trial Court could not have relied upon the medical evidence that was brought on record in the earlier trial of the three co-accused of the appellant--Recovery of revolver recovered from the possession of the appellant is concerned, the same has no impact on the instant case--No empty was recovered from the place of occurrence--This appeal is allowed and the impugned is set aside. Appellant is acquitted. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-amd--Evidence recorded in other case or recorded against co-accused persons--Every criminal proceeding is to be decided on the material on record of that proceedings and neither the record of another case nor any finding recorded therein should affect the decision.[P. 215] D 2008 SCMR 350; PLD 1966 SC 708 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-amd--Recovery of revolver recovered from the possession of the appellant is concerned, the same has no impact on the instant…

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