Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860)---.--- ---.---S. 302/34---.---Qatt-i-amd---.---Appreciation of evidence---.---After about three days of the occurrence, the complainant recorded his supplementary statement and charged accused along with acquitted co-accused, but on the basis of suspicion as it was accused who broke the news that the deceased was going to commit suicide, the suspicion fell on the suspected one---.---To convict a person on a capital charge, evidence must come from unimpeachable source, which lacked in, the present case---.---In the system of criminal justice, drawing presumption about guilt of accused in the absence of legal proof, had never been acknowledged by the courts---.---To condemn an accused to death through a judicial verdict, there must be strong and legally acceptable evidence leading the court to a definite conclusion about his guilt, otherwise, a single doubt if found reasonable, would entitle him to acquittal, not as a matter of 'grace, but as a matter of right---.---Said principle, well embedded in the system, had been conveniently ignored by the Trial Court while making appraisal of evidence, rather it had unreasonably stretched each and every piece of evidence in favour of prosecution giving unusual and wrong meaning to the same which exercise led it to a patently wrong conclusion---.---Nature of evidence adduced at the trial, the dishonest improvements made by the prosecution witnesses at trial stage, the dishonest investigation conducted by the Police by procuring witnesses and fabricating evidence; and when many links in the chain were missing, prosecution had miserably failed to establish the guilt of accused beyond reasonable doubt---.---Trial Court neither observed judicial care and caution nor followed cardinal principle of justice while making appraisal of evidence---.---Conviction and sentence awarded to accused, were not maintainable---.---Conviction and death sentence awarded to accused by the Trial Court, were set aside and accused was acquitted of all the charges levelled against him. Jahangir Hayat v. The State PLD 1999 Lah. 285; PLD 1953 FC 214; PLD 1952 PC 119; Ch. Barkat Ali v. Major Karam Elahi Zia and another 1992…

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