Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 34---Qatl-i-amd and common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Last seen evidence---Chance witness---Scope---Complainant assailed the acquittal of accused by the trial court in a case involving unwitnessed murder of his brother---Prosecution case rested on circumstantial evidence consisting upon last seen evidence, report of Forensic Laboratory and medical evidence---Complainant had nominated the accused through subsequent application but had failed to describe the source of information in respect of involvement of accused in the commission of offence---Prosecution witness, claiming to have seen the deceased accompanying with accused, was a chance witness---Prosecution had not conclusively proved that the deceased was killed shortly after the alleged last seen---Conviction could not be recorded on the strength of last seen evidence in a case of circumstantial evidence---Complainant had failed to point out any illegality and irregularity in the impugned ---Appeal against acquittal was dismissed, in circumstances. Sanaullah v. State 2020 MLD 659 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Subsequent statement---Scope---Any subsequent application made during the investigation to the police would neither be equated with the FIR nor as part of the FIR. Muhammad Saleem v. State 2010 YLR 2115 ref. (c) Criminal trial--- ----Report of Chemical Examiner--- Scope--- Report of Forensic Laboratory is corroborative evidence---Conviction cannot be awarded only on the basis of corroborative evidence without substantive piece of evidence. (d) Criminal trial--- ----Evidence---One tainted piece of evidence cannot corroborate another tainted piece of evidence. Muhammad Ali v. State 2005 PCr.LJ 830 ref. (e) Criminal trial--- ----Medical evidence--- Circumstantial evidence--- Scope--- Medical evidence is only for confirmation of ocular evidence regarding seat of injury and weapon, etcetera but medical evidence itself does not constitute any corroboration qua the identity of the accused to prove culpability---When the case hinges on…

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