Law:

Section:

(a) Penal Code (XLV of 1860)- ---S.302/34-Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-a-amd, common intention---Appeal against acquittal---Appreciation of evidence---Complainant being daughter-in-law of the deceased, was an interested witness, her testimony required independent corroboration, which was lacking in the case---Inordinate and unexplained delay of more than five hours in lodging the F.I.R.-Occurrence had not taken place in the mode and manner in which it was reported by the complainant---Evidence of two prosecution witnesses was not worthy of credence as it was not in conformity with the ocular account furnished by the complainant---Said witnesses had contradicted the complainant on material particulars---One of the prosecution witnesses had recorded his statement under S.161, Cr.P.C. after 10 days of the occurrence, which by itself was sufficient to create doubts in his evidence---Empties of Kalashnikov recovered from the spot were not sent to the Firearms Expert to ascertain as to whether those were fired from one weapon or more---Such laxity on the part of the prosecution had adversely affected the complainant's version---Complainant had alleged the occurrence to be the result of previous blood feud between the parties---Motive being termed as the proverbial double edged weapon, the probability of substitution for the real culprits or false implication could not be ruled out---Abscondence of accused simpliciter could not be made basis for recording conviction of an accused, when the ocular and circumstantial evidence was not confidence-inspiring---Material contradictions and lacunas in the prosecution evidence, were found in the case---No illegality or infirmity had been pointed out in the impugned findings of the court below so as to warrant interference therein by High Court--- Findings of Court below was accordingly maintained. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Scope---When an accused was acquitted by a competent court of law after facing the agonies and ordeal of protracted trial, then he would earn the…

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