Law: Penal Code (XLV of 1860)

Section: 324,34

Penal Code (XLV of 1860)--- ---Ss. 324 & 34---Appreciation of evidence---Abscondence of accused---Effect---According to statements of prosecution witnesses, as many as 20/25 shots were fired by accused but not even a single empty of either of the weapons was recovered from the spot---Both prosecution witnesses had stated that complainant was fired at from a distance of 6/7 paces, but no exit wound was found on his person by the Doctor---Complainant, in circumstances either was injured by a stray bullet or that he was fired at from a distance of more than 100 and 150 paces---Occurrence could not be said to have taken place in the manner described by prosecution---No implicit reliance could be placed on testimony of prosecution witnesses in view of conflicting motives as set up in F.I.R. and the one recorded in the Court---Doctor, who medically examined complainant, had never appeared in the Court to testify to the correctness of Medico-Legal Report---Trial Court too seemed to have bypassed that aspect of the case with its mind and eyes closed while permitting production of secondary evidence to prove Medico-Legal Reports---Inference, in circumstances, would be unavoidable that had witnesses been produced they would have gone against the prosecution---Maintaining conviction of accused was not safe when it was not specified as to whose fire hit complainant and no other supporting evidence was available to justify the pinning of guilt on anyone of the accused---Absence of empties and blood-stained earth from the spot was yet another circumstance which also militated in a given background of case against the veracity of prosecution witnesses--Evidence on record being not credible and worth reliance, mere fact that accused remained absconder, could not remedy the defects and infirmities in prosecution case---Charge against accused, in circumstances had not been proved beyond any shadow of reasonable doubt---Conviction and sentence recorded by Trial Court against accused, were set aside and they were acquitted of the charge against them and were set free. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, JUSTICE:---.--- On 17-2-2002, at 12-30 noon, complainant Kachkol…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492