Law: Penal Code (XLV of 1860)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Benefit of doubt--Extra-judicial confession--Ocular evidence--Burden of proof--Benefit of doubt--Witnesses did not tell him any reason of delay in recording their statements and not informing complainant about fact of last seen evidence, whereas, last seen evidence is a circumstantial evidence and is a weak type of evidence--There is no direct evidence of murder of deceased in case in hand--prosecution has relied upon last seen evidence, extra-judicial confession allegedly made by appellant before PW-9, recovery of weapon and positive report of Forensic Science Laboratory--Extra-judicial confession is a weak type of evidence--Statement of above mentioned PW does not disclose details of time, place and manner of extra-judicial confession with regard to commission of offence by appellant--extra-judicial confession does not find corroboration from any Independent source that as to how and where deceased was murdered was not pointed out by appellant--In absence of any corroboratory evidence, it was not safe for trial Court to rely on evidence of extra-judicial confession, which is a weak type of evidence, which can easily be procured when there is no direct evidence of crime, therefore, Courts have given much importance while placing reliance on such type of evidence, use of utmost care and caution--It is also important to mention that no disclosure memo was prepared and placed on record of trial Court to believe that appellant had infact made a disclosure of commission of offence, enabling police to proceed to a place from where crime weapon was recovered--Even any confession before police is not admissible in evidence--Contradictory statements above witnesses have made recovery of crime weapon doubtful--Fire arm injuries shows that there are entry wounds from left and right sides on person of deceased--As per statements of witnesses, front passenger seat was stained with blood meaning thereby that deceased was seated on said seat--Keeping in view sitting position of deceased and appellant, it is difficult of understanding that how a man sitting on driving…

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