Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Eye-witnesses had dishonestly improved their statements at the trial in order to bring the same in conformity with the medical evidence and to fill up the lacuna left in the prosecution case, making their veracity doubtful and unreliable---F.I.R. had been registered after preliminary inquiry by the police---Presence of eye-witnesses on the spot at the relevant time was not undoubtedly proved---Medical evidence had contra­dicted the ocular testimony---No source of light having been mentioned in the F.I.R. and the site plan, identification of assailants at the place of occurrence was not possible at night---Motive for the occurrence was not substantiated on record---Detaining of crime empties in the "Mal Khana" for three weeks without any explanation had indicated mala fides on the part of the prosecution---Prosecution had failed to reconcile the situation as to how both the crime empties were found to have been fired from the gun recovered at the instance of accused, when according to the F.I.R. he had fired a solitary shot on the deceased---Even otherwise after the discard of the ocular evidence the recovery by itself could not form a basis for conviction---Prosecution case was replete with doubts, benefit whereof had to go to accused as his right---Accused was acquitted in circumstances. Syed Saeed Muhammad Shah and another v. The State 1993 SCMR 550; Amir Zaman v. Mahboob and others 1985 SCMR 685; Sher Dil alias Sher Gul and another v. The State 1973 PCr.LJ 802; Aslam Khan v. The State 1987 PCr.LJ 1677; Shahbaz Khan Jakhrani v. Lal Beg Jakhrani and others 1984 SCMR 42; Farman Ahmad v. Muhammad Inayat and others 2007 SCMR 1825; Saifullah v. The State 1985 SCMR 410; Muhammad Luqman v. The State PLD 1970 SC 10 and Tariq Parvaiz v. The State 1995 SCMR 1345 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Evidence of recovery---Nature and scope---Recovery is always considered to be a corroboratory piece of evidence which is meant to test the veracity of ocular evidence---Both evidences are to be read together---Recovery evidence is not…

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