Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Criminal Procedure Code (V of 1898), S. 103---Qatl-e-¬amd---Reappraisal of evidence---Circumstantial evidence---Recovery memos, preparing in police station---Benefit of doubt---Death penalty awarded to accused by Trial Court was maintained by High Court---Validity---Dead body of deceased was recovered from the house of another person for which no evidence was led that the house was on rent with accused---Recovered articles like driving licence, etc. were recovered from the room wherein police constables' had entered and they came out with bundle and the articles were taken into possession by preparing. recovery memos in police station---Recovery memos were attested by attesting witnesses in police station---Such recovery memos had no legal value because of violation of mandatory provision of S.103, Cr.P.C. and for not being prepared on the spot of recovery--Present case being that of circumstantial evidence, therefore, as a rule of prudence, it was required that each piece of circumstantial evidence would be supported by independent corroboration, which by itself was sufficient to establish the guilt---Each circumstance was to be connected with each other to make one complete chain, without there any broken link---There were completely broken links of chain to connect the accused with the commission of murder of deceased, therefore, he was entitled to benefit of doubt---Supreme Court set aside the conviction and sentence awarded to accused by the courts below and he was acquitted of the charge---Appeal was allowed. M. Shafi Mughal, Advocate Supreme Court for Appellant. M. Siddiqui Baloch, D.P.G. for the State. Date of hearing: 9th May, 2011. JUDGMENT TARIQ PARVEZ, J.---This appeal by leave of the Court is directed against the judgment dated 27-2-2007 passed by Lahore High Court. Lahore, whereby sentence of death, under section 302(b), P.P.C., awarded to the appellant by the trial Court has been maintained. 2. Brief facts of the case are that the complainant-Amanat Ali, on receiving the information about the murder of his son namely Fayyaz Ahmed, arrived at Kasur and got registered a case vide F.I.R. No. 597 of 1997…

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