Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Penal Code (XLV of 1860) S. 302(b)---Qatl-i-amd---Appreciation of evidence---No justification for the presence of eye-witnesses at the time and place of occurrence---Chance witnesses, evidence of---Scope---Accused was charged for committing murder of the son of complainant by firing---Complainant/mother of the deceased and his maternal uncle/eye-witnesses were admittedly not the residents of the place of occurrence---In this manner, the said prosecution witnesses could be validly termed as "chance witnesses" and therefore were under a bounden duty to provide a convincing reason for their presence at the place and time of occurrence and were also under a duty to prove their presence by producing some physical proof of the same---Said witnesses failed to provide any consistent evidence as to the reason for their arrival at the place of occurrence and their presence at the place of occurrence when the same was taking place---Complainant had claimed that she had accompanied her deceased son on a motorcycle for the purpose of getting medicine for herself from the hospital and had stopped in front of the karyana store when the accused came there and attacked the deceased---Complainant very well knew that as she was not the resident of the place where the occurrence took place, therefore, she would be questioned with regard to her reason to be present at the place of occurrence, at the time of occurrence, and therefore, came up with the explanation that as she needed medicine for herself, therefore, she had accompanied her son---However, after analysis of the statement of complainant, the Court had arrived at an irresistible conclusion that she failed to prove her stated reason for her presence at the place of occurrence---In this regard, complainant admitted during cross-examination that she did not produce any prescription of any doctor regarding the medicines which she needed to purchase on the day of the occurrence---Investigating Officer of the case also did not collect any evidence with regard to the claim of complainant that on the day of occurrence, she had accompanied the deceased for the purpose of taking medicines from the hospital---Other…