Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd, attempt to commit qatl-e-amd---Appreciation of evidence---Four co-accused had been acquitted by Trial Court and their acquittal had not been assailed either by the State or by the complainant before High Court, which had attained finality---Question for determination was, whether the evidence which had been disbelieved qua the acquitted co-accused could be believed against the accused---Counsel for complainant and the State had distinguished the case of accused from his co-accused on the basis of motive, recovery of weapon of offence and medical evidence, which according to them had independently corroborated the prosecution version against the accused---Motive had been attributed not only to the accused, but also to the acquitted co-accused---Hatchet recovered at the instance of accused was found blood-stained by the Chemical Examiner, but there was no report of Serologist regarding origin of the blood-One injury on the person of the deceased and one injury on the person of the injured witness, had been attributed to the accused and to each of the three acquitted co-accused, thus, there was no independent corroboration qua the role assigned to the accused---Role attributed to accused in the occurrence was identical to that of acquitted co-accused and his case was not distinguishable from their case---Accused was acquitted in circumstances. Iftikhar Hussain and another v. State 2004 SCMR 1185; Sarfraz alias Sappi and 2 others v. The State 2000 SCMR 1758; Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502; Tawaib Khan and another v. The State PLD 1970 SC 13; Bakka v. The State 1977 SCMR 150; Khairu and another v. The State 1981 SCMR 1136; Zaiaullah v. The State 1993 SCMR 155; Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11; Shahid Raza and another v. The State 1992 SCMR 1647; Irshad Ahmad and others v. The State and others PLD 1996 SC 138; Ahmad Khan v. The State 1990 SCMR 803 and Akhtar Ali and others v. The State 2008 SCMR 6 ref. (b) Criminal trial--- ----Appreciation of evidence---Principles. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.---Shaukat Ali, the appellant, along with his…

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