Law:

Section:

Penal Code (XLV of 1860)--- ----S. 324/34---Attempt to commit qatl-e-amd, common intention---Appreciation of evidence---Prosecution could not establish the actual time of occurrence---Prosecution evidence regarding the time of occurrence being contradictory, same had caused serious doubt upon the prosecution story---Two prosecution witnesses who were real brothers, no doubt sustained fire-arm injuries, but said injuries only indicated their presence at the spot and were not affirmative proof of their credibility and truth---Site plan though was not a substantive piece of evidence, but only that of first reflection of the spot, which furnished a panoramic view of the crime and being a very important piece of evidence, could not be ignored---Nowhere it was mentioned in the site plan that blood was recovered from the place of occurrence---No spent bullet was recovered from the spot, which had shown that the site plan did not support the prosecution version---Complainant received fire-arm entry wound on the left side of his knee---Only one shot on record which was on non-vital part of the body---Prosecution witness received fire-arm entry wounds on left interior thigh and also on right knee---Nature of injuries were not given by the Doctor---Doctor who examined said prosecution witnesses, was not produced by the prosecution to prove the medico-legal reports---Non-examination of the doctor, had shown the mala fide on the part of prosecution, which had prejudiced accused and adverse inference must be drawn against the prosecution---Story put forward by prosecution was not supported by site plan and medical evidence---Forensic Science Laboratory's report was offered by the prosecution as a piece of corroboratory evidence, but that evidence, could not be believed for so many reasons---Inordinate delay in sending the crime empties and weapons for analysis had not been explained by the prose-cution---Prosecution could not justify the purpose of empties having been kept in the Police Station---Such evidence, in circumstances, was not credible and was of no assistance to the prosecution against accused---Prosecution had failed to bring home charge against accused---Case…

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