Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 109---Criminal Procedure Code (V of 1898), S.164---Qatl-e-amd, abetment---Appreciation of evidence---Prosecution case was based only on circumstantial evidence---Prosecution witness claiming to have seen the deceased for the last time with the accused was not the resident of the "Chak" of the deceased, nor he had plausibly explained his presence in the area on the relevant date and time---Said witness had made his statement before Investigating Officer after 20 days of the occurrence in this regard without giving any probable reason for such inordinate delay---Testimony of said witness was not corroborated by any other prosecution witness and the same having no intrinsic and inherent value did not inspire confidence---Similarly the solitary statement of prosecution witness about making an extra-judicial confession by accused before him in the absence of any corroboration, was not reliable and such untrustworthy evidence was totally insufficient to prove the weakest plea of extra-judicial confession---As regards the judicial confession allegedly made by accused, Magistrate admittedly before recording his statement under S.164, Cr.P.C. had not put a specific question to him as to whether there was any pressure upon him to make a confession---Such was a material lapse on the part of the Magistrate---Voluntary nature of the alleged confession of accused before the Magistrate in the absence of the aforesaid particular question, was highly doubtful and could not be safely relied upon---Alleged statement under S.164, Cr.P.C. recorded on the direction of Sessions Court could also be not termed as a voluntary statement---Retracted judicial confession was also materially discrepant with the extra-judicial confession made by the accused and, thus, it could not be relied upon---None of the prosecution witnesses had deposed that he had seen the accused hatching any conspiracy or abetting the allegedly hired assassins to kill the deceased---Evidence as to conspiracy by producing a chance witness was not acceptable at all---Prosecution had failed to discharge its heavy burden to prove the complicity of the accused in any…

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