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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Appeal against--Circumstantial evidence, resting on statements of father of deceased, who stated that accused/appellant and deceased went together from his house after that deceased did not return--His statement was recorded after thirteen days of registration of FIR--Evidence of PW, who stated that he had seen deceased and appellant on that day together at a distance of two furlongs from house of complainant--His statement was recorded six days earlier to that of father of deceased--There was no proximity of time and that of place--Evidence of last seen consisted of statement of PW, who stated that he had seen deceased and appellant after three days of day of occurrence they went together from house of father of deceased at Faizabad Bus Stop and on his inquiry they told him that they were going to Chattar Park--Witness was a friend of complainant party--He did not disclose this fact immediately after registration of FIR and his statement was recorded after about four months of occurrence and after one month and three days of registration of FIR--Now remain statements of complainant, PWs before whom extra-judicial confession was made by appellant--Extra judicial confession has always been treated as a very weak type of evidence, especially when there was no evidence whatsoever against appellant till a day before registration of FIR whey he would make extra judicial confession to involve himself in this case--No motive whatsoever for killing deceased was brought on record either during course of investigation or during course of trial--Prosecution had miserably failed to prove its case against appellant beyond doubt--Appeal accepted. [Pp. 588 & 588] A, B, C, D & E 2006 SCMR 231, ref. PLJ 1978 Cr.C. (B.J.) 145 & NLR 1988 Criminal 230, rel. Judgment Kh. Muhammad Sharif, J.--This judgment will dispose of Criminal Appeal No. 302 of 2001 filed by Babar Hussain, who faced trial in case FIR No. 196, registered at Police Station Bhara Kahu, Islamabad, on 14.12.1999, for offences under Sections 302 PPC, before learned Additional Sessions Judge, Islamabad, who after concluding…

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