Law: Pakistan Penal Code, 1860

Section: 34/302/

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Plea of the defence, that preliminary investigation was conducted before lodging the F.I.R., got support from the fact that Investigating .Officer had admitted that except theF.I.R., all the rest of the documents were in his handwriting---Investigating Officer could not offer any plausible explanation for not writing the F.I.R. with his own hand, when he was not suffering from any infirmity or disability---Ocular account had come in conflict with the medical evidence---Occurrence had neither taken place at the time, shown in the F.I.R., nor in the manner set up by the prosecution---Plea of counsel for the complainant and the State that because' co-accused had been convicted earlier, appeal of accused would be dismissed, was not sustainable in law---Law had provided a right of fresh trial to each accused, surrendering subsequently and the court of law was bound to apply its independent judicial mind while staking appraisal of evidence against him, uninfluenced by the previous conviction acquittal of co-accused---If such plea was allowed to prevail, fresh trial of a subsequently arrested accused would become just a fancy trial defeating the object of law and principles of justice---Two real brothers had been charged, besides an absconder who too belonged to the same family---Tragedy appeared to be a job of a single person---Besides an unseen crime, a net had been thrown much wider due to consultation and deliberation made before the registration of the case---Prosecution witness who was remotely related to accused was abandoned being won over---Said witness had appeared as defence witness; his testimony would have been discarded, suspecting him favouring accused for ulterior considera tion, however, his testimony got very strong support from that of the testimony of two important witnesses---Such evidence, in circumstances could not be lightly ignored---Lonely eye-witness, whose presence on the spot was not established had also made deliberate improvement---Investigating Officer had also concealed established facts on record, their testimony could not be…

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