2023 SCMR 670
Qatl - i - amd- Reappraisal of evidence . During the course of proceedings before the Trial Court , the complainant stated before the Court that he moved an application for registration of case , which bears his signature , without disclosing time and the name of the subscriber of the application --- Further it was not mentioned anywhere that where and when such application was drafted when it was an admitted fact that the " Police Karvai " was conducted in Police Station --- Complainant was a distant relative of deceased residing at a distance of 6 kilometers while real son of deceased who was inmate of the same house was absent in every material aspect of the case , which was a serious lapse --- Son of the deceased who was stated to have witnessed the occurrence , was given up at the time of trial --- Occurrence had taken place in the odd hours of the night , however , no source of light had been mentioned by the Investigating Officer either in the FIR , rough site plan , scaled site plan or even during the course of proceedings before the Trial Court --- Both the alleged witnesses of the ocular account were not residents of the locality and were residing at a distance of 5/6 kilometers away from the place of occurrence --- Not a single person from the inmates of the house where occurrence took place or from surrounding inhabitants appeared in support of the prosecution version and the whole prosecution case was silent about this aspect of the matter --- Record clearly reflected that the prosecution witnesses were not present at the place of occurrence , rather they managed to appear as witnesses after due consultation and deliberation --- Record further showed that the complainant was inimical towards the deceased --- In such circumstances , it seemed impossible that deceased would have invited an inimical person for his help before his death --- Prosecution had failed to prove its case beyond any reasonable shadow of doubt --- Appeal was allowed and accused persons were acquitted of the charge .
Motive --- Burden of proof --- if a specific motive has been alleged by the prosecution then it is duty of the prosecution to establish the said motive through cogent and confidence inspiring evidence --- Otherwise , the same would go in favour of the accused .
Qatl - i - amd - Crime empty sent to the Forensic Science Laboratory after the arrest of the accused or together with the crime weapon --- In such circumstances the positive report of the Laboratory looses its evidentiary value --- Sending the crime empties together with the weapon of offence is not a safe way to sustain conviction of the accused and it smacks of foul play on the part of the Investigating Officer simply for the reason that till recovery of weapon , he keeps the empties with him for no justifiable reason .
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