Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(6), 396, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-e-amd, dacoity with murder and terrorism---Appreciation of evidence---According to the prosecution, in a broad-daylight near the village of complainant party, accused along with their accomplices had taken away 65 buffaloes---Different community people were following the dacoits, but none of them was cited as a witness---Even owners of buffaloes had not been cited as witnesses; it was unbelievable that 65 buffaloes had been taken any near a big village in day time but the people could not follow up the dacoits---Accused resided near village of the complainant party having disputes on landed property---During investigation, Police recorded statement of one who related to the complainant party, but during trial the prosecution had not examined said witness---On the contrary, the defence had examined the witness, who in his evidence, had falsified the evidence of the complainant and his witnesses---No buffalo was recovered from the possession of accused persons---No weapon was recovered from the possession of accused---Complainant who was eye-witness, had not given the names of the owners of buffaloes during trial---One set of accused persons had been acquitted on the same evidence, while remaining accused were convicted, which was against the norms of criminal justice---Once the prosecution case was doubtful for one set of accused; the benefit could be given to other set of accused, which the Trial Court had not done---Same benefit was to be extended in favour of remaining accused persons---Prosecution case as to the veracity and credibility of eye-witnesses, was full of contradictions and doubts, benefit of which must go to accused persons---Accused were acquitted of the charges and were set free. Atta Muhammad and another v. The State 1995 SCMR 599; Rat, it Ali v. The State 2010 SCMR 584, Akhtar Ali and another v. The State 2008 SCMR 6; Noor Muhammad v. The State and another 2010 SCMR 97; Muhammad Bux v. Abdul Aziz and others 2010 SCMR 1959; Ghulam Mutsafa v. The State 2009 SCMR 916; Allah Wadayo v. The State 2001 SCMR 25; Farmanullah v. Qadeem Khan…

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