Law: Punjab Cooperative Bank Limited Staff Service Rules, 2010--

Section: 2, 40

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/34--Qatl-i-Amd--Qanun-e-Shahadat Order, (10 of 1984) Art. 121--Presence of PW’s--Name in inquest report or in post mortem report--Occular account--Medical evidence--Abscondence--Acquittal of--The petitioner inflicted churri blow which landed on lower left side of neck and another churri blow which landed on left side of forehead of deceased--The parties inter se are close relatives inasmuch as complainant is not only father of deceased but also maternal uncle of petitioner--No evidence was produced by prosecution to substantiate motive of accused to commit murder of deceased--Churri was recovered after 4 years of alleged occurrence and was not sent to Forensic Science Laboratory--Mere perusal of testimonies of both eye-witnesses make their presence at spot highly doubtful--PW who was cited to be eye-witness of case did not support prosecution case and exonerated accused from alleged commission of offence--Medical evidence was furnished by Doctor/ PW-6, who conducted autopsy and noted two injuries on body of deceased--He opined that probable time that elapsed between injury and death was 20-40 minutes and between death and post-mortem was 6 to 10 hours--Delay in sending body for post mortem is reflective of absence of witnesses at place of occurrence--They would have strived to save life of deceased and immediately shifted him to hospital--Eye-witness account relied upon by prosecution is unreliable and untrustworthy--Substantive piece of evidence in shape of ocular account is untrustworthy--No conviction can be based on abscondence alone--Serious doubts in case of prosecution have been overlooked by Courts below-- There are major contradictions in prosecution’s case--The petitioner is acquitted of charge. [Pp. 289, 290, 291, 292 & 294] A, B, C, D, E, F, I, Q, R, S 2006 SCMR 1707; 2010 SCMR 566; 2010 SCMR 566 ref. Un-Natural Conduct of PW-- ----Father and brother of deceased, here neither shifted deceased to hospital nor accompanied him when same was sent to hospital by police--This behaviour alone creates a sufficient doubt in their presence at place of occurrence. [P. 291] G 2019 SCMR 1068 ref. Presence…

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