Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Police Rules, 1934

Section: 22.5(3)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Unnatural conduct of witnesses---Scope---Accused was charged for committing murder of the daughter of the complainant---Motive alleged was a family dispute between accused and deceased---Conduct of eye-witnesses remained unnatural throughout on various reasons: Firstly, eye-witnesses along with another witness were present in the house of accused and all the three were in a position to stop him for assaulting deceased, however, they simply tried to sensitize the accused, with no positive result; secondly, occurrence took place at 07:30 a.m. but none of them ever bothered to inform the police till the arrival of complainant who reached there at 11:00/11:30 a.m.---Neither complainant nor they considered it necessary to call the police because Sub-Inspector in his statement specifically said that he arrived at crime scene on receiving information through Moharrar and none else---Conduct of real mother and real brother of deceased also remained questionable as they too did not feel appropriate to inform the police for the reason best known to them---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Chance witnesses---Effect---Accused was charged for committing murder of the daughter of the complainant---House of one eye-witness was at a distance of about half kilometre from crime scene and of other eye-witness at about 250 meters from there---Although one eye-witness said that he was standing in front of house of his sister that was opposite to crime scene, but he could not furnish any reason that why he came there on that day at the given time---Same infirmity was there in the statement of other witness who was also mum about the cause of his presence in front of the venue of crime---All three witnesses arrived at crime scene at a time when the occurrence had almost started---Circumstances established that the prosecution had failed to prove its…

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