Law: Pakistan Penal Code, 1860

Section: 302(b),34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Ocular account not proved---Accused were charged for committing murder of the daughter of complainant by inflicting churri blows---Admittedly, there was no ocular evidence available on the record to connect the accused with the commission of offence as the incident was unseen and FIR was lodged on the statement/dying declaration of the deceased when she was found in injured condition by her father---Complainant had disclosed in the FIR that on 19.08.2014 he was present in his house along with his brother-in-lawand received a call from someone, who informed him that his daughter was injured---After receiving such information, he along with his brother-in-law reached at the house of in-laws of his daughter and found his daughter seriously injured and blood oozing from her injuries---Deceased informed complainant that at the instigation of her mother-in-law, her brother-in-law caused knife/churri blows to her--Complainant further disclosed in his evidence as well as in the FIR that he along with his brother-in-law went outside the house to take the vehicle and in the meanwhile the husband of the injured/deceased had taken injured to local Hospital and then to Civil Hospital where she succumbed to the injuries--Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.(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---Confession, retraction of--Scope---Accused were charged for committing murder of the daughter of complainant by inflicting churri blows---Accused was arrested on 21.08.2014 and his confessional statement was recorded on 27.08.2014 with a delay of about six (6) days---Except the confessional statement made by accused there was no other evidence available on record---Later on the accused retracted his confessional statement while recording his S.342 Cr.P.C. statement---Confession alone cannot form the basis of a…

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