Law: Penal Code (XLV of 1860)

Section: 302(b),460

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 460---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night---Appreciation of evidence---Benefit of doubt---Night time occurrence---No source of light---Scope--- Accused was charged for committing murder of the deceased---In the FIR, neither any person as accused was nominated nor features of any accused were given or any source of light at the spot was described---One month after the alleged occurrence, the complainant mentioned in his subsequent application that he identified one of the accused, who entered in his house and by firing, done his brother to death and that the witnesses told him the particulars of the accused---No feature of the accused was given in the FIR and in the subsequent application, it was not mentioned that on the basis of which feature, the accused was identified---Grounds taken in the said application were nothing but an afterthought concoction---No source of light at the spot was described in the FIR, and the complainant, during cross-examination, had admitted that no source of light on the roof of the house was available, then his stance that he had identified the accused to be the person, who, on the roof of the house, had fired and caused injury to his brother, which resulted into his death, was surely a false statement---Admittedly, no test identification parade was held and if for a moment, it was presumed that the complainant had identified the appellant, even then he, for the purpose of test identification parade, should have been brought before witnesses, but without any reason, cause or justification, the said exercise was not done---Circumstances established that the prosecution had failed to bring home the appellant beyond shadow of all reasonable doubts---Appeal against conviction allowed, in circumstances. Tariq Pervaiz v. The State 1995 SCMR 1345 and Ayub Masih v. The State PLD 2002 SC 1048 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 460---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night---Appreciation of evidence---Benefit of doubt---Contradiction in the statement of…

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