Law:

Section:

(a) Penal Code (XLV of 1860)------Ss. 302, 147, 148, 149 & 114---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly, abettor present when offence committed---Appeal against acquittal---Appreciation of evidence---Contradictions in medical and ocular evidence and in evidence of investigation officer and prosecution witness---Delay in sending blood-stained earth and clothes of deceased to Chemical Examiner---Effect---Accused persons allegedly went to the house of complainant party while armed, whereafter co-accused directly fired at the deceased and killed him---Trial Court acquitted accused persons---Validity---Contradictions existed in ocular testimony of witnesses regarding passage of time between receiving injuries and death of deceased---Although at the time of incident distance between accused persons and complainant party was only a few feet but despite such fact not a single scratch was received by anyone except the deceased---According to the evidence of investigation officer blood-stained earth and clothes were sent to Chemical Examiner after a delay of about five months, which could be fatal to the prosecution case---Investigation officer also stated in his evidence that he did not recover any empty pallets from the place of incident---One of the prosecution witnesses stated in his cross-examination that his statement was recorded by the police at an Otaq, whereas investigation officer stated in his cross-examination that prosecution witnesses were produced by the complainant at the police station---Trial Court was right in acquitting the accused persons in circumstances---Appeal against acquittal of accused persons was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 147, 148, 149 & 114---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly, abettor present when offence committed---Appeal against acquittal---Appreciation of evidence---Direct unanimous evidence of all prosecution witnesses---Medical evidence corroborating evidence of witnesses---Effect---Accused and co-accused persons allegedly…

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