Law:

Section:

(i)                  Criminal Trial- —Murder-Offence of--Conviction for-Challenge to-Trial Court believed prosecution evidence against one set of accused but disbelieved it against other-Previously as a rule of convenience, it was settled that credibility of such witness will not be accepted against one and rejected against others—It was declared by Supreme Court that if court comes to conclusion that witness is involving one accused falsely, it would not be safe to rely on his testimony without corroboration—In view of inconsistencies and discrepancies in statements of P.Ws, there is no independent evidence or circumstance to corroborate statements of P.Ws--Held: Prosecution case is full of doubts and as such, benefit of doubt is extended to appellant-Appellant acquitted. [Pp.ll5,116,117118]C,D,E,FG. PLD 1985 SC II rel. (ii) Delay- —Murder-Offence of-Conviction for-Challenge to-Contention that there was delay of one hour in lodging F.I.R.-No explanation was asked from investigating officer for recording FIR with delay of one hour- olice Station is at a distance of 1-1/2 miles and evidence of prosecution further reveals that injured Nadir Hussain was removed to hospital by complainant himself and perhaps after that he had gone to Police  tation to lodge report-Held: Even otherwise, delay per-se in lodging FIR is not sufficient ground to cast doubt on prosecution case.                                                        [P.114]A   (iii) Motive— —Murder-Offence of-Conviction for-Challenge to—Motive-Whether proved-Question of-Motive set up was that deceased had illicit relations with his daughter-in-law-She was taken by her father to his house  wo months prior to incident and no untoward incident occurred-Held: On basis of evidence available on record, motive appears to be remote and prosecution has failed to establish same.                                        …

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