Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Pakistan Penal Code, 1860

Section: 302(b),449

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Pakistan Penal Code, (XLV of 1860), Ss. 302(b) 449--Appeal against acquittal of respondents--Conviction and sentence--Challenge to--Qatl-e-amd--Motive--Medical evidence--Ocular evidence--Presence of PWs at place of occurrence is highly doubtful Complainant resides away from the place of occurrence; they are chance as well as resides away from place of occurrence and PW-5 is resident of a village away from place of interested witnesses; their testimony does not ring true--They cannot be believed unless corroborated by some independent evidence--Non recovery of crime empty despite fact there was pacca farsh on place of occurrence as reflected from memo of possession of blood-stained earth as well as statement of PW-8; circumstances warrant that prosecution has not come up with complete truth--Evidence of such witness does not conform to standards required for expert evidence--Recovery in absence of PFSA report is inconsequential and is not helpful to prosecution--During trial, prosecution story with respect to conspiracy was shattered and trial Court disbelieved all statement including statement u/S. 164 Cr. P.C of co accused about involvement of present appellant--Motive against deceased was also indirect, on whose instigation father of accused was killed; therefore, was discarded by trial Court--Motive in correct sense, is emotion supposed to have led to act--External fact which is sometimes styled motive, is merely possible exciting cause of this ‘motive’ and not identical with motive itself--PW-4, complainant during cross examination admitted that incident of motive was taken place 7/8 years prior to present occurrence; appellant was living in same village and he had not attempted to hurt deceased during these years--Prosecution has failed to prove motive in this case--Prosecution has failed badly to bring home guilt of appellant to hilt and trial Court was not justified in convicting him while relying upon untrustworthy/uncorroborated evidence--Criminal appeal was allowed. 2011 SCMR 208, 2019 SCMR 1045, 2011 SCMR 474, 2019 SCMR 1150, 2019 SCMR 1045, 2007 SCMR 1612, 2005 SCMR 1679, 2019 SCMR 872.…

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