Law:

Section:

(a) Penal Code (XLV o6 1860) S. 302(b) Constitution of Pakistan (1973), Art.185(3) Appeal against acquittal Reappraisal of evidence Prosecution had based its case upon ocular evidence; recovery of incriminating articles; medical evidence, circumstantial evidence and motive Evidence furnished by the defence witnesses was not sufficient to outweigh the trustworthy and confidence inspiring evidence of the ocular witness and circumstantial evidence produced by the prosecution as well as ocular testimony and the medical evidence furnished by Doctor also fully supported the prosecution witness Positive report of Forensic Science Laboratory regarding pistol and the empty recovered from the place of occurrence had also furnished strong corroboration to the version of the prosecution witnesses, as the pellet recovered from the skull of. the deceased had matched with the empty recovered from the place of incident, fired from the pistol, taken into possession by the police Sessions Judge, however, had discarded the recoveries, purely on hyper-technical ground, without examining that the defence had never alleged manipulation in the recovery of these articles, therefore mere delay of 10 days in dispatching the recovered articles to the Forensic Science Laboratory would not be fatal, in view of the peculiar facts and circumstances of the case Motive had come from the mouth of eye witness who had full knowledge about the joint business between the deceased as well as the accused, therefore, if his statement was believed to be correct qua the manner in which the incident had taken place inside the house of accused then same was also to be accepted to prove motive Effect Courts were supposed to take into consideration the overall effect of the prosecution case in order to ascertain as ~ to whether crime had been committed or not and unless the discrepancies, contradictions, etc. had impaired the intrinsic value of the prosecution evidence, the same was not liable to be discarded merely for technical reasons If some delay had occasional in lodging the F.I.R., that would also not be fatal in the circumstances because a young man had been killed in brutal manner and his dead body…

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