Law: Penal Code (XLV of 1860)

Section: 302 , 34 , 307

P L D 1995 Peshawar 155 Criminal Appeals Nos. 10 of 1994 and 50 of 1992, decided on 27th March, 1995. Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Appreciation of evidence---Occurrence had not taken place as alleged by the prosecution---Eye-witnesses had not come out with correct and true version of the occurrence and their statements suffered from material contradictions ---Abscondence of accused did not have any substantial value and in the attending circumstances could not be used even as a corroborative piece of evidence---Accused was acquitted on benefit of doubt accordingly. Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Criminal Procedure Code (V of 1898), S. 417-- Appeal against acquittal---Ocular testimony suffered from material contradictions leading to the conclusion that the occurrence was an unseen crime---One of the accused had proved his plea of alibi by documentary as well as oral evidence---Appeal against acquittal ,4f accused was dismissed in circumstances. Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Evidence---Abscondence of accused by itself does not have any substantial value but it can be used as a corroborative piece of evidence.--[Abscondence--Evidence]. JUDGMENT MRS. KHALIDA RACHID, J.---This Criminal Appeal No.50 of 1992 under section 417, Cr.P.C. filed by the State arises from the judgment, dated 21-12-1991 passed by Mr. Alamzeb Khan, Additional Sessions Judge, Peshawar, whereby respondents, Hidayatullah son of Abdul Jalil and Saifur Rahman son of Muhammad Islam, charged under section 302/307/34, P.P.C. on the basis of F.I.R. No.197 dated 4-5-1989 of Police Station Faqirabad, were acquitted of the charges vide order dated 21-12-1991 while   Criminal Appeal No.10 of 1994 arises from the judgment dated 6-1-1994 passed by Mr. Shah Jehan Khan, Additional Sessions Judge, Peshawar, convicting Fazal Dayan charged under section 302/307/34, P.P.C. vide same F.I.R. No.197, dated 4-5-1989 and sentenced him to imprisonment for life and a fine of Rs.50,000 or in default thereof to undergo further two years' R.I. plus a further sum of Rs.50,000 under section 544-A, Cr.P.C. payable to the legal heirs of…