Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-F(i)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 337-F(i)---Qatl-e-amd, attempt to commit qalt-e- amd and hurt "ghayr jaifah"---Appreciation of evidence---Benefit of doubt---Complainant eye-witness, real brother of one of the four deceased, had made many improvements in his statement, which suffered from many contradictions, and he’ had not given any reason for his presence at the scene of occurrence---Other eye-witness, injured in the occurrence, had not named the accused in his statement recorded under S. 161, Cr. P. C. but he had nominated him in his examination -in-chief without disclosing the source of his information---Such dishonest improvements and contradictious could not be overlooked, which had rendered the testimony of the witnesses unworthy of credence---When a witness had not nominated the accused during investigation and identified him in court then his statement would require strong corroboration by way of identification parade, which was not conducted in the case---Proceedings conducted by the prosecution declaring the accused as an absconder were not strictly in accordance with law---Even otherwise, abscondence of an accused at the most could be considered as a corroborative piece of evidence in the presence of a reliable and confidence-inspiring substantial evidence, which was wanting in the case---Conviction of accused could not be maintained on his abscondence alone--Since ocular testimony did not inspire confidence, medical evidence was of no avail to prosecution, which would only tell about the seats of injuries, the manner in which the same were caused and the kind of weapon used, but would not tell the names of the assailants---Recovery of rifle from the accused was inconsequential in the absence of the report of Forensic Science Laboratory---Benefit of the slightest doubt would go to the accused as a matter of right and not as a matter of grace---Innocent person could not be hanged for the unfortunate murder of four persons--Accused was acquitted in circumstances. Muhammad Pervez and others v. The State and others 2007 SCMR 670; Mehmood Ahmad and 2 others v. The State 1995 SCMR 127; Mursal Kazmi alias Qamar Shah and another v.…

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