Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with his co-accused committed murder of the deceased---Complainant was not aware at what time the incident had taken place in the night and the footprints of culprits disappeared from the path---Witness also admitted that no eye-witness of incident of murder of deceased had appeared before the complainant party nor before the police---Said witness had also admitted that he had not stated to the police that the footprints available at the place of wardat/place of the incident were of co-accused---Other piece of evidence available with the prosecution was in the shape of evidence of a witness who scribed a chit at the instance of co-accused, which was about revenge and dispute in between the complainant party and accused---However, neither said witness disclosed to the complainant party about the chit nor he had informed any other person to believe that on the instance of the accused persons he had written a chit---Said chit was not sent to the expert to confirm that the same was written by said witness nor it was verified by the Trial Court that it was the handwriting of said witness---Neither the chit disclosed the name of the accused nor other witnesses, implicated the present accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Confessional statement of accused, recording of---Infirmities---Accused was charged that he along with his co-accused committed murder of the deceased---In the present case, Recording Magistrate did not observe the least precautions required under the law---Magistrate did not even follow the guideline as provided by the Supreme Court of Pakistan---Magistrate had deposed in his examination-in-chief that on 05.09.1995 the accused was produced before him and he had…

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