Law: Penal Code (XLV of 1860)

Section: 302/324/148/149/109

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

(a) Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149/109-Criminal Procedure Code (V of 1898), S.417(2)---Appeal against acquittal---Accused was charged with abetment and instigation of the alleged offence---Out of two witnesses of conspiracy only one was produced at the trial, who according to record had an established history of enmity with the accused having its origin in the civil and criminal litigation, which was an open reality and not a secret---Other witness of conspiracy having been given up, the statement of the witness examined by the prosecution had received no corroboration and in the wake of previous enmity his statement could not be believed against the accused---Trial Court had rightly discarded the said evidence and that having been done no material at all was available on record for conviction of accused, who had rightly been acquitted of the charge by extending the benefit of doubt---Appeal against acquittal of accused was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149/109---Criminal Procedure Code (V of 1898), S.417(2)---Appeal against acquittal---Benefit of doubt---Accused had not caused any injury to the deceased---Allegation and ocular account that accused had given hatchet blows on the head of the prosecution witness was in conflict with medical evidence---Question whether the hatchet for such injuries used from wrong side was not clarified by prosecution and Trial Court, therefore, was justified to draw the presumption that the spirit of prosecution evidence was that the hatchet had been used from the right side---Benefit of doubt had been given to accused by "Trial Court on well-founded reasons---Appeal against acquittal was dismissed accordingly. (c) Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149/109-Criminal Procedure Code (V of 1898), S.417(2)---Appeal against acquittal---Accused had allegedly caused injuries with hatchet on the back of left hand of the deceased and the little finger of his right hand---Firstly, the said injuries were on the non-vital parts of the body and secondly, accused belonged to a place which was situated at a considerable long distance from the place of…

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