Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, commom intention---Appreciation of evidence---Last seen evidence---Not sufficient for conviction---Accused was charged that he along with his co-accused committed murder of the deceased by strangulating his throat with electric wire---Admittedly, complainant was not eye-witness to the incident therefore, his evidence was of little help to the case of prosecution---Witnesses stated that on the date of incident they had seen the appellant and his co-accused taking away with them the deceased on a pickup--On the next day, they were informed that the dead body of deceased had been found lying adjacent to a madarsa---If the version of said witnesses was believed to be true, then their evidence was only to the extent that they had last seen the deceased in the company of the appellant and the acquitted accused--Appeal against conviction was allowed, in circumstances.(b) Criminal trial-------Last seen evidence---Scope---Last seen evidence is a weak type of evidence.(c) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, commom intention---Appreciation of evidence---Investigating Officer not examined by prosecution---Accused was charged that he along with his co-accused committed murder of the deceased by strangulating his throat with electric wire---Initial investigation of the case was conducted by Investigating Officer, and he had not been examined by the prosecution for the reason that he had retired from service---Retirement of the employee may not be a valid reason for his non-examination---By such act, the appellant's defence was seriously prejudiced---Appeal against conviction was allowed, in circumstances.(d) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-iamd, commom intention---Appreciation of evidence---Confessional statement of the accused---Infirmities---Accused was charged that he along with his coaccused committed murder of the deceased by strangulating his throat with electric wire---Record showed that Investigating Officer produced the appellant before the Magistrate having jurisdiction for recording his…