Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)-----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Complainant, father of the deceased, had not seen the occurrence and had based his F.I.R. on the information received from two eye-witnesses---Motive for the occurrence had rightly been disbelieved by Trial Court for want of convincing evidence---Curiously enough eye-witnesses, though closely related to the deceased, did not identify him while being beaten by the accused and correctly identified the accused at the time of incident---Eye-witnesses did not report the matter to anybody till next morning, which fact had exhibited their highly unnatural conduct---Medical evidence had not supported the prosecution evidence-Recoveries having not been effected either from the accused or at his instance, were of no avail to prosecution---Prosecution evidence had already been disbelieved by Trial Court qua two co-accused in the case and the sane qua the present accused was not corroborated by any independent evidence---Case against accused was doubtful, benefit of which had to be given to him not as a matter of grace but as a matter of right---Accused was acquitted in circumstances. Ghulam Mustafa and another v. State 2009 SCMR 916; Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11; Iftikhar Hussain v. The State 2004 SCMR 1185; Akhtar Ali and others v. The State 2008 SCMR 6; Rohtas Khan v. The State 2010 SCMR 566; Noor Muhammad v. The State and another 2010 SCMR 97; Muhammad Akram v. The State 2009 SCMR 230 and Ayub Masih v. The State PLD 2002 SC 1048 ref. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Medical evidence, corroborative value---Medical evidence may confirm the ocular evidence with regard to seat of injury, duration of injury, nature of injury and the kind of weapon used in the occurrence, but it cannot connect the accused with the commission of the crime. Ghulam Mustafa and another v. State 2009 SCMR 916 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(6)---Qalt-e-amd---Appreciation of evidence---Interested witnesses, credibility of---Principle---Where evidence on record warrants a doubt in the credibility of…

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