Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Prosecution mainly depended on the statement of the complainant and other prosecution witness---Both had made dishonest improvements in the case as was set up originally at the time of registration of F.I.R.---Manner in which the prosecution witnesses had shown as to how they identified accused during all his activities on the roof top of the room, was also not believable---Complainant and prosecution witness in their statements made on oath, had not pointed out with any exactitude the location of electric light with the help of which they allegedly identified the assailants---Prosecution witness, being Lambardar, was a political figure in the vicinity, and there was admittedly a political rivalry in the village; and said witness as well as accused, according to the prosecution's own evidence were of different political groups---Prosecution witness, in circumstances, could not be termed as an independent witness---Prosecution case against accused was replete with material improvements; and the story of the prosecution qua involvement of accused in the case was highly doubtful---Prosecution had failed to prove its case against accused beyond the shadow of doubt---Conviction and sentence of accused could not be sustained merely on the basis of recovery of pistol from him---Conviction and sentence recorded against accused by the Trial Court, were set aside by extending benefit of doubt and he was released, in circumstances. Akhtar Ali and others v. The State 2008 SCMR 6; Farman Ahmed v. Muhammad Inayat and others 2007 SCMR 1825; Muhammad Afzal alias Abdullah and others v. The State and others 2009 SCMR 436; Saifullah v. The State 1985 SCMR 410 and Abdul Mateen v. The State and others PLD 2006 SC 538 rel. (b) Criminal trial--- ----Recovery of weapon of offence---Evidentiary value---Such recovery was purely corroboratory in nature; and alone was not capable to bring home the charge against accused in absence of direct substantive evidence---Conviction could not be recorded merely on the basis of the evidence of recovery, howsoever convincing same could be.…

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