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MALEEK versus STATE


Definition of Pakistan Penal Code Section 302/364 Evidence of the complainant and other prosecution witnesses who were the brother of the deceased cannot be believed without independent revolt, especially when two other prosecution witnesses are convicted on the capital. Was abandoned for hearing. The quality of the allegations should be of an unforgivable character, the FIR was not immediately listed and no one was exposed to the incident when only the complainant's brother complained of evidence to the complainant and other prosecution witnesses. But the accused's conviction was not guaranteed bail, a prosecution witness presented, did not encourage trust because the prosecution's witness did not give a date or month when the defendant made a statement before admitting his guilt. And the witness did not prove that he had recovered the pistol, allegedly used in the incident. There was no result from the occupation of the accused and there was no recovery of the usual type of weapon, hardly connecting the suspect to the commission of a crime where no specialist was sent for inspection with the weapon. , A thorough review of the circumstantial evidence did not encourage the defendant to maintain conviction, the prosecution had failed to establish a case. The trial court was charged with keeping the accused away from any charges, without any doubt, conviction and punishment, and the accused was acquitted.

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