Law: Penal Code (XLV of 1860)

Section: 302(B)

Corroborative evidence-- ----This being a corroborative piece of evidence, which by itself is insufficient to convict appellant in absence of substantive piece of evidence--Reference is invited to Ijaz Ahmed v. State (PLJ 1998 SC 510--It was held in case of Asadullah v. Muhammad Ali (PLD 1971 SC 541), that corroborative evidence is meant to test veracity of ocular evidence--Both corroborative and ocular testimony is to be read together and not in isolation--Held: When there is no eye-witness to be relied upon then there is nothing, which can be corroborated by recovery. [Pp. 320 321] A PLJ 1998 SC 510, PLD 1971 SC 541 and 1985 SCMR 410. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Benefit of doubt--Recovery of cell phone of Q-mobile owned by deceased was shown against appellant--A brother of complainant as well as deceased made statement before investigating officer that cell phone of deceased had been stolen 3/4 days prior to occurrence--EIMI number of stolen cell phone was mentioned as 351864060106210 whereas EIMI number of recovered cell phone was 351864060106212, which clearly shows that it was not same number as alleged by prosecution--Even otherwise, cell phone, which had been stolen 3/4 days prior to occurrence, has no relevancy with murder in issue--There was a hole in skull, meninges were ruptured and fracture of right side of anterior cranial fossa--Injury received by deceased was upwards to downwards without blackening and burning--cause of death was due to fire-arm injury at head, which was anti-mortem and sufficient to cause death in ordinary course of nature--Probable duration between injury and death was instantaneous whereas between death and post-mortem examination it was 12 to 18 hours--During cross-examination, he admitted that dead body of deceased was received in hospital at 12:10 P.M. on 31.10.2015 whereas police documents were received at 01:30 p.m. on same day and delay caused due to non-availability of police papers--This shows real possibility that time had been consumed by local police and complainant party in order to procure and plant witnesses for cooking up a false…

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