Law: Pakistan Penal Code, 1860

Section: 148,149,302(b)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/148 & 149---Appreciation of evidence---Benefit of doubt---No eye-witness of the occurrence was available and whole case of the prosecution depended upon the circumstantial evidence---No motive was alleged in the F.I.R. lodged by the complainant, however, later on, motive was alleged that a dispute of money matter existed between accused persons and the deceased, but in the whole evidence of the complainant, who was brother of deceased, nothing surfaced in evidence showing as to what kind of money dispute existed between accused persons and the deceased---Story of motive being an afterthought, it could be safely held that prosecution had failed to establish any motive for the alleged occurrence---Evidence of last seen was furnished by the complainant, who was brotherhood of deceased and other prosecution witness who was from brotherhood of the complainant, but they both had contradicted each other on material points i.e. about time of occurrence as well as story of identification, which could not be believed for the purpose of capital punishment---Only one accused was nominated as accused in the F.I.R.---Version given by other prosecution witness that was also not believable and confidence-inspiring, when he admitted that he was coming from the Dera at odd hours and no source of light was available when he saw both accused persons---Empties and rifle having been deposited together, fabrication or tampering with, could not be ruled out, particularly when accused had already been arrested---Prosecution, in circumstances, had failed to establish its case beyond any shadow of doubt against accused persons-Conviction and sentence recorded by the Trial Court against accused persons, were set aside, they were acquitted of the charge by giving them benefit of doubt. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/148/149---Appreciation of evidence---Medical evidence, did show that both the deceased died unnatural death, but the injuries caused to them themselves did not speak that same were caused by some particular individual when occurrence was unseen and story given by the prosecution witness i.e. last seen and…

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