Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of one and half hours, in lodging F.I.R. had not been explained by the prosecution---Possibility could not be ruled out that it was an unseen occurrence, and the prosecution was busy in consultations and deliberations regarding the culprits---Record had revealed that Police had reached the house of complainant of its own after receiving information, about the incident, but source of said information had not been disclosed---Complainant, who was brother of the deceased, his name was not mentioned as an eye-witness of the occurrence; but in the court he claimed to be the eye-witness of the occurrence by making improvements in his statement---Name and place of presence of complainant was omitted in the site-plan prepared on the day of occurrence---Presence of complainant on the spot and reporting the matter in his house, was doubtful and not reliable in view of said omissions, particularly, his complete departure from the contents of F.I.R. by making dishonest improvements in his statement to strengthen the prosecution story---Statement of complainant had lost credibility and evidentiary value---One of the important prosecution witnesses had not been produced by the prosecution---Fourteen empties of 7.62 bore were recovered from the spot, and two persons had been charged by the complainant for indiscriminate firing, but said empties had not been sent to the Laboratory, in order to ascertain as to whether it was the act of a single person or otherwise---When the ocular account had been disbelieved, then mere abscondence of accused, was not sufficient to prove the guilt---Prosecution having failed to prove the guilt of accused through unimpeachable ocular testimony, capital punishment could not be main-tained---While extending the benefit of doubt, conviction and sentence awarded to accused by the Trial Court were set aside, he was acquitted of the charge levelled against him and he was set free, in circum-stances. Muhammad Khan and another v. The State 1999 SCMR 1220 rel. (b) Criminal trial--- ----Witness---Improvements made by…

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