Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Dera of deceased, where said meeting was taking place, has not been mentioned either in the1 site plans or even in inspection note as prepared by Investigating Officer--In absence of physical proof or reason for presence of witnesses at crime scene--Claim of witnesses who lived one kilometer 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--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--Occurrence at time of occurrence for witnesses to make a positive identity of assailants neither witnesses produced any such source of light during investigation of case or during trial through which source they could have identified assailants in dead of night--The prosecution 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--Moreover during investigation of case or trial, no documentary evidence was produced to support motive of occurrence--Failure of prosecution to produce any documentary evidence in support of motive institutes that appellant had no motive to commit occurrence--Prosecution remained unable to establish any motive--A tainted piece of evidence cannot corroborate another tainted piece of evidence--Held: It is an axiomatic principle of law that in case of doubt, benefit thereof must accrue in favour of accused as matter of right and not of grace. 2014 SCMR 1698, 2017 SCMR 622, 2017 SCMR 724, 2017 SCMR 135 2017 SCMR 564. Absence of witness-- ----Delay--August Supreme Court of Pakistan that such delay is reflective of absence of witnesses and sole purpose of causing such delay is to procure presence of witnesses and to further advance a false narrative to involve any person.[P. 905] E 2012 SCMR 327, 2019 SCMR 956, 2019 SCMR 1068 2017 SCMR 596. Qanun-e-Shahadat…

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