Law: Penal Code (XLV of 1860)

Section: 302(b),34

 Pakistan Penal Code, 1860 (XLV of 1860)------Ss. 302(b) & 34--Qatl-e-amd--Conviction and sentence--Challenge to--Ocular account--Post-mortem examination-- These witnesses improved their version about acquitted accused--It reveals that prosecution witnesses deliberately concealed facts--The prosecution witnesses were not only inimical towards accused but were also closely related to deceased, and they had reasons to implicate accused falsely--There is no independent evidence to corroborate evidence of witnesses interested in this case--A concocted story about motive appears to have been cooked up, and it cannot be believed only based on complainant and prosecution witnesses’ oral statements--As is evident from above deposition, prosecution has failed to prove motive part of occurrence, which is shrouded in mystery--Thus, prosecution has failed to provide evidence of a clear motive--Motive is a doubt-edge weapon for occurrence and false implication--There are always different motives operating in a person’s mind when making accusations--Even there is conflict between statements of prosecution witnesses, i.e., PW-1, complainant, PW-2, and PW-4--The above information reveals that deceased were men of questionable character--Therefore, evidence led by prosecution in connection with motive is insufficient for relying on testimonies of witnesses--The evidence on motive part and suggestions put by defense regarding questionable character of deceased, suggested that above-mentioned prosecution witnesses had deliberately concealed facts--This, again, adversely affects credibility of prosecution version--The prosecution has failed to establish its case--The truth was seen buried under debris, and a different story was structured perhaps to lug appellant into trial under serious offense--It is often said “that Fouler crime higher decree of proof.” We have gone through process of keen examination of entire material and found compelling reasons, as stated above, to disgrace with conclusion reached recorded by Additional Sessions Judge also found that prosecution had miserably failed to prove guilt of accused applicant beyond reasonable doubt--Per dictates of law,…