Law: Pakistan Penal Code, 1860

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Appreciation of evidence---Complainant on whose statement the whole prosecution case mainly depended being closely related to the deceased, was an interested witness and his testimony was to be scrutinized with great care and caution---Prosecution version was to conflict with medical evidence---Complainant had charged four persons for indiscriminate firing but no crime empty or spent bullet was recovered from the spot---No independent corroboration of unimpeachable character was available in the case and no circumstantial evidence had even supported the prosecution evidence---Brother of the deceased, who had been mentioned in the F.I.R. as an eye-witness, had not supported the case of prosecution against the accused---Motive for the occurrence was not proved --Abscondence of accused was immaterial as even an innocent person might go into hiding due to fear of unjustified harassment and victimization at the hands of police---Accused was acquitted in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Appreciation of evidence--Where the case is based on a solitary interested witness, prosecution is required to produce independent corroborative direct or by circumstantial evidence to his statement. JUDGMENT QAZI EHSANULLAH QURESHI, J.---Through this single judgment we propose to dispose of the present appeal (Criminal Appeal No.573 of 2003) filed by Quresh convict-appellant against his conviction and sentence awarded to him by the learned Additional Sessions Judge/Judge Special Court, Mardan at Takht Bhai dated 2-9-2003 for the charge of committing the murder of Bawar Khan deceased and attempted at the life of Fazal-e-Wahab complainant .as well as the connected Criminal Revision No. 123 of 2003 filed by Fazal-e-Wahab complainant for the enhancement of the sentence imposed upon the appellant. 2. The prosecution case unfolded in the F.I.R. is that on the day of occurrence i.e. 14-12-1994 at 12-30 hours Fazal-e-Wahab complainant (P.W.10) along with his relative Bawar Khan deceased were proceeding from their village to Tangi Charsadda on a Motor Cycle being driven by Bawar, Khan deceased…

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