Law: Penal Code (XLV of 1860)

Section: 302(b),302(c),201,34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Criminal trial--- ----Circumstantial evidence---Scope---Where there is no direct evidence against accused and prosecution rests its case on circumstantial evidence, the inference of guilt could be justified only where all incriminating facts and circumstances are found to be incompatible with the innocence of the accused or guilt of other person---There must be chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with innocence of the accused and must be such as to show that within all human probability the act must have been done by the accused. Talib Hussain v. The State 1995 SCMR 1538 and Muhammad Sharif v. The State PLD 2009 SC 709 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 302(c), 201 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, common intention---Appreciation of evidence---Sentence, reduction in---Conviction under S. 302(b), P.P.C. converted into one under S. 302(c), P.P.C.---Confessional statement of the accused---Accused were charged for committing murder of the brother of the complainant and his dead body was thrown into a well---Record showed that the accused made his confessional statements before the Judicial Magistrate---Record prepared by the Judicial Magistrate as well as his deposition proved conclusively that he took all precautionary measures to ensure that confession was voluntary---In that connection the accused, besides, admitting the commission of offence, also stated about the motive---Case of prosecution with regard to motive of offence was entirely based on confessional statements of the accused persons---Apart from above, there were circumstances, which were not taken into account by the trial Court, while awarding the sentence of life imprisonment to the accused persons---Prosecution mainly relied upon the statements of accused persons under S. 164, Cr.P.C., wherein, accused persons admitted the commission of crime, but according to the version of accused, the deceased time and again sexually assaulted him, thus, in order to save his honor, he managed to commit the…

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