Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Constitution of Pakistan (1973), Art.185(3)---Re-appraisal of evidence---Benefit of doubt---Unexplained delay in registration of F.I.R. and post-mortem---Crime empties did not match the weapon---Occurrence held allegedy taken place at about 5-30 p.m. and it had taken the complainant 3-1/2 hours to report the matter to police officer present at a place only about 3/4 k.ms. away from the place of occurrence--Prosecution also failed to explain as to why the dead body had reached hospital 1-00 p.m. next day--­Effect---High Court had rightly concluded that possibility of occurrence having taken place well after sunset and the occurrence having gone unwitnessed could not be ruled out---Benefit of unexplained delay was rightly extended to the two accused persons---Supreme Court declined to interfere with the passed by High Court whereby the accused persons were acquitted---Leave to appeal was refused. (b) Penal Code (XLV of 1860)--- ----S.302---Evidence---Independent witness---Complainant was -entangled with both the accused persons in criminal litigation and no compromise had been reached between them---Prosecution witnesses were also inimical and interested witnesses---Effect---Prosecution witnesses were not independent witnesses in circumstances. (c) Penal Code (XLV of 1860)--- ----S.302---Crime empties---Delay in despatching the empties to Forensic Science Laboratory---Accused Was arrested on 1-2-1996, crime weapon was allegedly recovered from the accused on 12-2-1996 and the crime empties were received in the Laboratory on 19-2-1996--­Effect---Such piece of evidence was not credible and was of no assistance to the prosecution against the accused in circumstances. ORDER KAHLIL-UR-REHMAN RAMDAY, J.---Nazar Farid and his brother Munir Ahmed were tried by a learned Additional Sessions Judge at Pakpatan for the murder of one Hakim Ali. Through his judgment dated 12-6-1998 the said learned trial Judge convicted both the said brothers under section 302(b) of the P.P.C. and while he punished Nazar Farid with death, Munir was directed to suffer imprisonment for life on the said charge. Each one of them was also directed to…

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