Law: Criminal Procedure Code (V of 1898)

Section: 417(2)(a)

Law: Pakistan Penal Code, 1860

Section: 302/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2)(a)--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Criminal acquittal appeal--Now adverting to another aspect of case--Ocular witnesses stated that accused/respondents fired upon deceased but could not harm witnesses--Question is A why accused/respondents spared witnesses, only targeted--Witnesses were not armed--As per witnesses firing was made from 2/3 feet--It does not appeal to logic that killing a person in presence of brother and mother accused would not attempt to cause any injury/kill prosecution witnesses leaving them for evidence to be hanged--So far as motive is concerned--Though prosecution is not under legal obligation to set up a motive--Ordinarily absence or weaknesses of motive in murder case cannot be considered to justify acquittal--Held: It is well settled that once a motive is set up it is imperative for section to prove same--On failure whereof adverse inference against prosecution--Above referred Article contain two parts, one on basis of disclosure by accused during custody is admissible, while in second part prosecution must prove recovery independently--In instant case prosecution has failed to prove recovery of SMG independently--Prosecution has not recorded statement of any person from locality whether house belong to accused, secondly witness stated that key of iron box was produced by an old lady, while Investigating Officer stated that key was handed over by a child--Even otherwise it could not be believable that after committing murder one can keep SMG in iron box of his house--Recovery of crime weapon can only be piece of supporting evidence--It appears from that crime empties and blood stained earth received to Expert for examination after more than one month--Prosecution has not explained for what reason above articles were kept in police station--Even prosecution has not recorded statement of any official in order to prove whether case property was in safe custody or not--Such delay destroyed evidentiary value of positive report of Expert--Medical evidence is Expert opinion which has always been treated to be confirmatory in nature--Medical evidence may confirm ocular…

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