Law: Penal Code (XLV of 1860)

Section: 302(B)/34

Testimony of witness-- ----It is we settled by now that when a witness improves his statement to strengthen prosecution case and moment it is concluded that improvement was made deliberately and with malafide intention testimony of such witness does not remain reliable. [P. 349] A 2010 SCMR 385 and 1993 SCMR 550. Testimony of witness-- ----Testimony of a witness ordinarily is not accepted unless justifiable reasons are shown to establish his/her presence at crime scene at relevant time--In normal course, presumption under law would operate about his/her absence from crime spot--Testimony of witness may be relied upon, provided some convincing explanations appealing to a prudent mind for his presence at crime spot are put forth, when occurrence took place otherwise his testimony would fall within category of suspect evidence and cannot be accepted without a pinch of salt--All these factors clearly suggest that it was an unwitnessed occurrence and alleged eye-witnesses were not present on spot. [P. 349] B Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/34--Conviction and sentence--Challenge to--Benefit of doubt--Testimony of witness--Motive--A quarrel took place--Medical evidence--Motive behind occurrence as alleged in FIR was that sometime earlier to incident, a quarrel took place between partition--Deceased man forbade them, upon which appellant became enraged and due to that revenge, appellant committed murder of deceased--Motive incident took place between khichi and chadhar bradri but none of person from either bradri or people gathered at that time was associated during course of investigation--No independent witness qua motive was produced before trial Court at time of trial--Therefore, in our view, Prosecution has not been able to substantiate alleged motive behind occurrence--Medical evidence produced by prosecution was not of much avail to prosecution because murder in issue had remained un-witnessed and thus medical evidence could not point an accusing finger towards appellant--So far as defence plea taken by appellant in his statement under Section 342, Code of Criminal Procedure is concerned, since prosecution evidence is doubtful in nature,…

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