Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Sentence--Challenge to--Ocular account--Chance witnesses--Neither residents of place of occurrence nor have any place of business--Testimony of a chance witness ordinarily is not accepted unless justifiable reasons are shown to establish his presence at crime scene at relevant time--In normal course, presumption under law would operate about his absence from crime spot--Testimony of chance witness may be relied upon, provided some convincing explanations appealing to prudent mind for his presence at crime spot are put forth, when occurrence took place otherwise his testimony would fall within category of suspect evidence and cannot be accepted without a pine of salt. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Sentence--Challenge to--Motive--Domestic quarrel--Strained matrimonial relations--Ocular between spouses was not unusual in culture--No independent witness in support of motive was associated during course of investigation or brought in witness box at trial--Prosecution has not been able to substantiate motive part of occurrence. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Sentence--Challenge to--Prosecution could not prove its case against accused beyond any shadow of doubt--High Court has considered all pros and cons of case and have come to this irresistible conclusion that prosecution could not prove its case against accused beyond any shadow of doubt; It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In Prosecution remained failed to discharge its responsibility of proving case against appellant--It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story. JUDGMENT Shehram Sarwar Ch., JUSTICE.- Lutaf Ullah (appellant) was tried by the learned Addl. Sessions Judge, Chiniot in case FIR…

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