Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Benefit of doubt--Chance witness--Ocular account--Appreciation of evidence--medical evidence--Burden of proof--Evidence of facts--August Supreme Court of Pakistan took a serious notice of improvements introduced by witnesses and rejected their evidence--Eye-witnesses being chance witnesses, were declared not worthy of reliance--The scrutiny of statements of prosecution witnesses reveals that oral statement and written application of PW-1 were neither prompt nor spontaneous nor natural, rather were contrived, manufactured and compromised documents--Sufficient doubts have arisen and inference against prosecution has to be drawn in this regard and delay in reporting matter to police and failure of prosecution witnesses to proceed to Police Station evidences their absence at time of occurrence, at place of occurrence--It is not possible to believe that blood available on Kassi had not disintegrated by time same was analyzed by Punjab Forensic Science Agency, Lahore and it was, therefore scientifically impossible to detect origin of blood--Appellant and deceased were blessed with birth of as many as six children and whole family was living together even on day of occurrence--There is no evidence on record that deceased was facing any threat to her life at hands of appellant prior to occurrence rather, to contrary, she was living a happy matrimonial life with appellant till her tragic death--prosecution witnesses failed to provide evidence enabling High Court to determine truthfulness of motive alleged, and fact that said motive was so compelling that it could have led appellant to have committed Qatl-i-Amd of deceased--There is a haunting silence with regard to minutiae of motive alleged--No independent witness was produced by prosecution to prove motive as alleged--Even otherwise a tainted piece of evidence cannot corroborate another tainted piece of evidence. [Pp. 124, 129, 136, 146, 147 149] A, B, D, J, L O 2012 SCMR 419, 2018 SCMR 772, 2017 SCMR 724, 2021 SCMR 23, 2016 SCMR 2138, 2016 SCMR 2021, 2018 SCMR 772, 2021 SCMR 736 ref.…

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