Law: Penal Code (XLV of 1860)

Section: 302(b),459,392

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a)    Azad Penal Code (XLV of 1860)-------Ss. 302(b), 459 & 392---Qatl-i-amd, hurt caused whilst committing lurking house trespass or house breaking, robbery---Appreciation of evidence---Appeal against acquittal---Recovery doubtful---Accused was charged for entering into the house of complainant, and committing murder of the deceased during robbery---Record reflected that initially the accused / respondent was not nominated by the complainant in the alleged FIR---Later on during investigation, some doubtful persons including respondent were brought under investigation by previous Investigating Officer and he in his statement recorded before the Trial Court, stated that during his investigation no proof of committing offence of murder was found from the accused- respondent--Accused-respon-dent did not tell about the murder of the deceased, due to which, no recovery was made from him---Prosecution witness during crossexamination stated that accused was arrested after 5/6 days of the occurrence--Accused-respondent remained arrested for one week and later on he was released by the police---So, in previous investigation no proof of murder of deceased was found against the accused/respondent---Later on the investigation of the case was made over to DSP on 12.05.2016, and he arrested the accused/respondent on 08.10.2016---Said Investigating Officer recovered weapon of offence i.e. churri/knife from the accused on his indication, and ear rings of deceased from the shop of gold (goldsmith)---Recovered churri was not sent to the laboratory for analysis---Recovery witness stated that accused after cleaning the churri concealed the same in the field outside the house of deceased, and later on he took the Churri and placed it in the shed of kitchen--Allegation of snatching ornaments from the deceased and recovery of the same was also doubtful in light of evidence of the prose-cution--- Circumstances established that prosecution had failed to prove its case with cogent and convincing evidence against the acquitted accused--- Appeal against acquittal was dismissed, in circumstances.2010 SCR 113; 2014 PCr.LJ 1036; 2024 PCr.LJ 1448; 2014 SCR1585 and PLD…