Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt--- Chance witnesses--- Scope--- Accused was charged for committing murder of his wife/daughter of complainant by firing---Motive behind the occurrence was domestic dispute---Ocular account consisted of complainant and other eye-witness---Presence of both the said eye-witnesses on the spot at the time of incident was doubtful because they did not receive even a scratch during the incident---Both the eye-witnesses stated that they allegedly saw the incident from a close distance but court failed to understand that in the presence of both the said witnesses, who were closely related to the deceased, how such incident with the deceased could happen without any intervention on their part to rescue the deceased---Occurrence allegedly took place in the area which was twelve kilometres away from the residences of the eye-witnesses---Both the eye-witnesses had not given any plausible reason for their presence on the spot at the time of incident---Said witnesses had no place of business or agricultural land near the place of incident---Both the said witnesses, therefore, were chance witnesses---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Criminal trial--- ----Witness---Chance witness---Scope---Testimony of chance witness is not accepted unless justifiable reasons are shown to establish his presence at the crime scene at the relevant time---In normal course, the presumption under the law would operate about his absence from the crime spot---Testimony of chance witness might be relied upon provided convincing explanations appealing to a prudent mind for his presence on the crime spot were put forth, when the occurrence took place, otherwise, testimony of said witness would fall within the category of suspect evidence and could not be accepted without a pinch of salt. Mst. Shazia Parveen v. The State 2014 SCMR 1197 and Muhammad Rafique v. The State 2014 SCMR 1698 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492