Law: Pakistan Penal Code, 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--Ocular account--Medical evidence--Motive--Delay in post-mortem--These witnesses were also not ones who had identified dead body of the deceased at time of post-mortem report--All these omissions an conspicuous by their absence--In absence of physical proof or reason for presence of witnesses at crime scene, same cannot be relied upon--Wherein august Supreme Court of Pakistan rejected claim of witnesses who lived one kilometre away from occurrence, but on day of occurrence stated to be present near spot as they working as labourers, inasmuch as they failed to give any detail of projects they were working on--Held: August Supreme Court of Pakistan held that ocular account of incident had been furnished by, complainant, and who were all residents of some other houses and they were not inmates of house wherein occurrence had taken place and he said eye-witnesses were, thus, chance witnesses and not worthy of reliance--Thus, open mouth of deceased forces a hostile interpretation against prosecution’s version regarding presence of witnesses at place of occurrence, at time of occurrence--This fact by itself indicates that none was present with deceased till his death--Prosecution witnesses failed to establish fact of such availability of light source and in absence of their ability to do so, we cannot presume existence of such a light source--The absence of any light source has put whole prosecution case in murk--It was admitted by witnesses themselves that it was a dark night and they has used light of torch lights, never produced, to identify assailants during occurrence and as prosecution witnesses failed to prove availability of such light source, their statements with regard to ther identifying assailants cannot be relied upon--The failure of prosecution witnesses to prove presence of any light source at place of occurrence at time of occurrence has repercussions, entailing failure of prosecution case--Investigating Officer of case, did not join any witness of locality during recovery of said Toka (P-6) from appellant which was in clear…

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