Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd---Apprecia-tion of evidence---Benefit of doubt---No tangible evidence was available in support of the charge against accused persons, connecting them with the commission of the offence---Prosecution witnesses included nephew, brother and mother of deceased who were closely related, interested and inimical witnesses---Close relationship of the eye-witnesses inter se and with the deceased, though was not sufficient to discard their evidence, but it should be natural, confidence-inspiring and corroborated by independent pieces of evidence---One of the prosecution witnesses had failed to establish his presence at the time of occurrence beyond reasonable doubt; his claim to have seen the occurrence or presence in the house of the deceased on the night of incident was not only a tall claim, but was enough to create serious doubts about its genuineness---Other two witnesses were not eye-witnesses of the occurrence---Accused were, previously known to the witnesses---Case was of fabricated evidence on the charge of murder in which accused themselves disclosed their identity to the prosecution witnesses---Ocular account remained uncorroborated---Complainant and three alleged eye-witnesses, who had not supported the case of the prosecution, were declared hostile---Witnesses had negated the presence of one of the witnesses at the time of occurrence---F.I.R. was lodged after unexplained delay of 4/5 hours, which also did not figure the names of the witnesses---Possibility of false implication of accused and cooking a false story, could not be ruled out---Recovery of crime weapons, was not effected from the possession of accused persons---No report of ballistic expert was available which could corroborate the ocular account---Prosecution had failed to bring any cogent, reliable or unimpeachable evidence or any sort of circumstantial evidence to connect accused persons with the crime in question---Case being that of two versions, only one version could be inferred that occurrence being committed at midnight, went unseen---Prosecution having failed to prove its case against accused persons, impugned passed by the…

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