Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Motive not proved---Presence of eye-witnesses at scene of occurrence doubtful---Co-accused confessing to the crime---Effect---Accused persons allegedly committed qatl-e-amd of deceased by inflicting knives blows---No specific role was assigned to each of the accused, who belonged to one and the same family---Site plan revealed that at the time of quarrel accused persons and eye-witnesses were standing very close to the deceased, and despite the fact that accused persons were inflicting knives blows, neither the complainant nor the eye-witnesses received a single scratch or injury---According to the prosecution case many people were present at the scene of occurrence and tried to separate both parties, however prosecution failed to produce a single witness from such people---Accused were four in number while complainant party consisted of five persons, therefore complainant party should have been in a better position to overpower the accused party---Presence of eye-witnesses at the spot was doubtful in such circumstances, therefore, they were not reliable witnesses---No witness was produced to prove the fact that a dispute took place between both parties prior to the occurrence---Co-accused had made a judicial confession before the Magistrate, wherein he admitted that he committed the offence alleged and did not disclose the name of accused persons of having any hand in the commission of the offence---Conviction recorded by Trial Court was set aside and accused persons were acquitted of the charge---Appeal was disposed of accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-e-amd---Appreciation of evidence---Retracted judicial confession---Reliance on such confession for conviction of accused---Scope--- Accused and co-accused persons allegedly committed qatl-e-amd of deceased by inflicting knives blows---Accused made a judicial confession before the Magistrate to the effect that he had committed qatl-e-amd of deceased, however subsequently he retracted from such confession---Trial Court convicted…

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