Appeal for declaration of death of the deceased was not credible in the Pakistan Penal Code Section 302/34 Criminal Procedure Code (v. 1898), Section 417 (1), which appears to have resulted from the consultation and deliberations stated in the FIR. Given the location of the trees between the scene and the eyewitnesses, he could not see the incident due to the absence of visibility and his reputation was suspected that the investigation in this case was not honest and the initial investigation. After the FIR was filed, the defendant's trial could not proceed, simply because the defendant's motive, being merely a contradictory piece of evidence himself. The trial court's finding of acquittal of the accused was neither objectionable nor the hypothetical appeal against the defendant's fate was dismissed accordingly.
Related judgments — Peshawar High Court NWFP, 1999
