Law: Pakistan Penal Code, 1860

Section: 302(b),404

Law: Criminal Procedure Code (V of 1898)

Section: 164

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 404---Criminal Procedure Code (V of 1898), S.164---Qatl-e-amd, dishonest misappropriation of property possessed by deceased at the time of his death---Appreciation of evidence---Retracted confession---Evidentiary value---Complainant, being not an eye-witness of the occurrence, his evidence was of no use to prosecution---Complainant had charged none in the F.I.R., but had charged both the accused persons in his statement recorded under S.164, Cr.P.C. after about 12/13 days of the occurrence; and for that belated statement he had neither furnished any plausible explanation nor had disclosed source of his satisfaction---Such belated statement without plausible explanation for the same, in the absence of disclosure of source of satisfaction had lost its evidentiary value and same could not be relied upon---Magistrate who had recorded alleged confessional statement of accused had totally/completely failed to observe and fulfil requisite formalities for recording confessional statement of accused---Said confessional statement being exculpatory and retracted, could not at all be called as voluntary judicial confession in the eye of law; and same having no legal effect, Trial Court was not justified to place reliance on the same---Recovery of the crime weapon at the pointation of accused having not at all been established, positive Forensic Science Laboratory's report in that regard seemed totally fabricated and manoeuvred on which no reliance could be placed, in circumstances---Recovery of rifle, cartridges and mobile, was of no use to the prosecution because the prosecution had failed to prove through reliable evidence that those articles were the belongings of the deceased---Prosecution had failed to establish its case against both the accused persons beyond any reasonable shadow of doubt---Conviction and sentence recorded by the Trial Court against accused persons, were set aside, they were acquitted from the charges levelled against themand they were set at liberty, in circumstances. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNZADA, JUSTICE:- --.--- This appeal is directed against the judgment dated 29-1-2010…

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