Law: Pakistan Penal Code, 1860

Section: 302(b), 109, 201 & 34

(a)    Penal Code (XLV of 1860)---

----Ss. 302(b), 109, 201 & 34---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Testimony of sole eye-witness---Accused were charged for committing murder of the brother of complainant by firing--Complainant while reporting the matter on the spot did not charge anyone and also stated that they had no enmity with anyone else, however, an eye-witness, during investigation disclosed involvement of the accused in the commission of offence and to that effect, his statement was also recorded under S.164, Cr.P.C---As per prosecution version, cousin of the complainant informed him about the occurrence, however, to that effect he was not examined before the Trial Court---Said eyewitness stated that he along with accused persons went to football ground and there a person was noticed at some distance who was busy talking on a mobile phone and light of his cell phone was lit; that accused "S" went to inquire about said person and on returning told accused "I" that it was the brother of complainant; that accused "I" handed over the pistol to accused "S" and asked him to kill brother of complainant, meanwhile, accused "I" took his mobile set as well as his repeater shotgun and threatened him not to disclose it to anyone otherwise he would be killed; that accused "S" fired five time at the victim and killed him on the spot--However, the story narrated by said witness was not supported by any independent witness, especially the persons whose names had been mentioned by him, because they were neither associated with the investigation nor produced before the Court--Thus, testimony of said witness could not be believed for sustaining conviction on a capital charge---Appeal against conviction was allowed, in circumstances.

(b)    Penal Code (XLV of 1860)---
----Ss. 302(b), 109, 201 & 34---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Testimony of complainant doubtful--Accused were charged for committing murder of the brother of complainant by firing---Complainant stated that although he charged unknown accused in his report, however, on the basis of disclosure of eye-witness before the police and statement under S.164, Cr.P.C., he charged the accused for the commission of offence---Complainant did not state a single word about recording of his statement by police or his statement recorded under S.164, Cr.P.C.---Complainant while reporting the matter stated that he was informed by his cousin who had come to his house in the morning at about 6:30 am, however, while appearing before the Trial Court he deposed that he was called by said cousin on cell phone at about 6:30 am and informed him that his brother was lying dead in a football ground---In such view of the matter, the only inference which could be drawn there from was that neither complainant was informed by his cousin, nor had he proceeded to the spot after such information, rather he tried to bring his testimony in line with the testimony of eye-witness, whose testimony had already been disbelieved---Appeal against conviction was allowed, in circumstances.
(c)    Criminal trial---
----Testimony of witnesses---Scope---Prosecution evidence is not tested on the basis of quantity but quality of evidence and it is not the person but the statement of that person which is to be seen and adjudged.
Abdul Jabbar and another v. The State 2019 SCMR 129 and Irfan Ali v. The State 2015 SCMR 840 rel.