Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Criminal trial-------Circumstantial evidence---Scope---In cases of circumstantial evidence, prosecution is required to link each circumstance to the other in a manner that it must form a complete, continuous and unbroken chain of circumstances, firmly connecting the accused with the alleged offence---If any link is missing then obviously benefit is to be given to the accused.Hashim Qasim and another v. The State 2017 SCMR 986; Fayyaz Ahmad v. The State 2017 SCMR 2026 and Sadi Ahmad and another v. The State 2019 SCMR 1220 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Extra -judicial confession---Doubtful---Accused was charged that he along with his coaccused committed murder of his wife---In the present case, allegedly accused made extra-judicial confession before two witnesses---According to said witnesses, on 17.06.2013, they along with another witness (given up) were present in the drawing room of one of the witnesses and at about 08.00 pm the accused came there on motorcycle in perplexed condition and stated before them that due to the immoral activities of his wife, he along with the co-accused murdered her---Accused requested the witnesses to get pardon from father of deceased as they were having good relations with him---Admittedly, both the said witnesses were not relatives of father of deceased and had no authority or any status in the vicinity to get pardon from him in favour of the accused---As per statements of said witnesses, the accused was empty handed, remained present in the drawing room for about one hour whereas the police station was located at a distance of two kilometers and one of the witnesses had a cell phone, even then they had not tried to apprehend the accused or even informed the concerned police, thus, the story narrated by said witnesses regarding extrajudicial confession was highly improbable and did not appeal to common sense---In this backdrop, the accused had no necessity to involve himself in an untraced occurrence involving capital punishment---Such facts certainly raised serious doubt about the veracity of witnesses and their testimonies were not…