Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code, 1898

Section: 382-B

Pakistan Penal Code, 1860 (XLV of I860)- —-S. 302(b)--Criminal Procedure Code, 1898 S. 382-B-Murder-Conviction and sentence—Appeal against--Tiial Court disbelieved statements of witnesses qua two co-accused but convicted appellant mainly on ground that ocular account narrated by said witnesses stand corroborated by recovery evidence i.e. blood stained Ramba at instance of appellant during investigation, almost after three months of occurrence-After such a long time normally blood stains automatically disappears so report of Chemical Examiner is not free of doubts-It is established from record that neither place of occurrence was owned by complainant nor it was in his physical possession at time of occurrence-Inquest report also silent about presence of witnesses-According to prosecution case at time of occurrence assailants gave three injuries to deceased but medico-legal report reveals that deceased had four injuries on his person-Presence of both eye-witnesses is doubtful-Both eye-witnesses have already been disbelieved by trial Court qua co-accused of appellant, would be of no value in absence of any independent corroborative piece of evidence-In these circumstances conviction and sentence of appellant is not sustainable-Accordingly this appeal is allowed. [Pp. 544 & 545] A & B   Date of hearing: 12.11.2002.                                                                                                                                        judgment Appellant alongwith four other co-accused was tried for the murder of one Shah Baig by learned Additional Sessions Judge, Faisalabad in case FIR No. 123/92 dated 5.6.1992 under Section 302/109/34 PPC, registered at Police Station Bahalak, District Faisalabad who vide judgment dated 26.10.2000 while acquitting co-accused convicted the appellant under…