Law:

Section:

Penal Code (XLV of 1860)----Ss. 302(b)/34, 201---Criminal Procedure Code (V of 1898), S.161---Qatl-e-amd and causing disappearance of evidence of offence---Re-appraisal of evidence---Benefit of doubt---Delay in F.I.R.---Delay in recording statement of eye-witness---Widow of deceased was alleged to have murdered her husband by administering poison with the help of her co-accused with whom she alleged to have illicit relations and the only eye-witness of the occurrence was stated to be the minor daughter of deceased and the accused---Trial Court as well as High Court convicted the accused and sentenced them to imprisonment for life---Deceased before his death was hospitalized for treatment of diarrhoea in a conscious condition and remained under treatment for one day but during that period nowhere he made any allegation against any of the two accused about their role of administering poison to him---F.I.R. of the incident was lodged four days after the occurrence, without any plausible explanation, during which one prosecution witness played an active role---For the first time statement of only eye-witness of the occurrence was recorded before police ten days after the occurrence---Eye-witness who was aged 11 years, with normal prudence and who was stated to have full knowledge of the occurrence, particularly as regards mixing of poison in "Daal" offered by her mother for the second time to her deceased father, could not remain silent spectator and she could have immediately disclosed such fact to her deceased father before he ate such poisonous meal---Not only the story set up by prosecution was highly doubtful, improbable and weak but there were also material lacunas and flaws in the case of prosecution to prove commission of such offence by two accused beyond reasonable doubt---Benefit of doubt, arising out of such lacunas weaknesses in prosecution case should have been extended to accused, which for no cogent reason, both the courts below failed to extend---Supreme Court extended benefit of doubt to both the accused persons and acquitted them of the charge levelled against them---Appeal was allowed. Malik Muhammad Kabir, Advocate Supreme Court for Appellants…

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