Dishonest improvements by witnesses --Failure to collect blood stained earth - Consequential -

2024 SCMR 1579

 Dishonest improvements by witnesses --- Possibility of false witnesses claimed implication - Both that they were accompanying the deceased at the time of occurrence but surprisingly they did not receive any firearm injury. It was not believable that by killing a person in presence of his close relatives accused / petitioner would not attempt to cause any injury to the prosecution witnesses leaving evidence to be hanged - Both said witnesses had also made dishonest improvements in their statements at the trial --- Ocular testimony of both witnesses was lacking corroboration in material aspects --- In view of all this , false implication of the convict / petitioner by the witnesses due to previous enmity could not be ruled out of consideration Prosecution had failed to prove the charge against the convict beyond reasonable doubt.

Failure to collect blood stained earth - Consequential --- Admittedly no blood stained earth was collected from the alleged place of occurrence during investigation and in this regard no explanation had been offered by any prosecution witness including the Investigating Officer This created serious doubt about the place of the occurrence as narrated by the prosecution witnesses

2024 SCMR 1579