Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Conviction and sentence--Challenge to--Appeal against--Occurrence took place in dark hours of night--None of accused was nominated in FIR--On basis of supplementary statement made by complainant both appellants along with another co-accused (murdered in police encounter) were nominate as culprits--None of accused was identified by injured PW--Evidence that father of deceased was a police official and that whole evidence was result of mark concoction--As per FIR only weapon which was held by one of accused out of three was .222 bore right but in supplementary statement and statement u/S. 161, Cr.P.C. all three accused were shown as armed with different kinds of weapons and were attributed different roles, said improvements duly confronted in cross-examintation negates case of prosecution--Evidence of PWs regarding recovery of weapons and empties was contradictory--They admitted that so many persons of locality were gathered at relevant time but no independent witness was associated to join recovery proceedings which is in violation of S. 103 Cr.P.C--Both appellants had already been arrested and they were in custody of police as admitted by PW, then matching of recovery report would be of no consequence--F.S.L. report showed that empty was found fired from pistol of co-accused (since dead), whereas there is nothing in evidence that anything was recovered at behest of said co-accused--Prosecution evidence was self-contradictory, concoction and fabrication was floating on surface--Prosecution has failed to establish its case beyond any shadow of doubt against appellants--Appeal was allowed--Appellant acquitted. THIS JUDGMENT DELIVERED BY: MUHAMMAD AHSAN BHOON, JUSITCE:---.----- This judgment shall dispose of Crl. Appeal No. 2194 of 2002 filed by Abdul Rehman appellant and Crim. Appeal No. 304-J of 2003 by Addul Hakeem alias Hakeem son Abdul Rehman, as both arise out of same judgment dated 29.11.2002 passed by the learned Addl. Sessions Judge, Gojra District Toba Tek Singh in case FIR No. 130 dated 05.07.1998 registered under Sections 302/324/393 PPC at Police Station, Nawan Lahore District Toba Tek…

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