Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Failure to collect blood stained earth---Consequential---Admittedly no blood stained earth was collected from the alleged place of occurrence during investigation and in this regard no explanation had been offered by any prosecution witness including the Investigating Officer---This created serious doubt about the place of the occurrence as narrated by the prosecution witnesses---Prosecution had failed to prove the charge against the convict beyond reasonable doubt---Jail petition was converted into appeal and was allowed, and the petitioner was acquitted of the charge.

(b) Penal Code (XLV of 1860)---

----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---No crime empties recovered from place of occurrence---Consequential---No crime empty or pellets were recovered from the place of occurrence---In this regard one of the witnesses had furnished contradictory explanation in his cross-examination by stating that one crime empty was collected from the spot and that the empty cartridge was taken away by the convict in his gun---Report of the firearm expert confirming that 12 bore rifle (allegedly recovered on the disclosure and pointation of the convict from his house) was in working condition, had already been held inconsequential by the