Law:

Section:

Penal Code (XLV of 1860)------S. 302(b)---Qatl-e-amd---Appreciation of evidence---Complainant, allegedly to be sole eye-witness wrongly mentioned names of deceased minors who were his nephews, such conduct made his presence on the spot doubtful---Complainant admitted in cross-examination that firing was made by only one accused which negated his version in F.I.R.---Accused were alleged to have been armed with Kalashnikovs in the F.I.R. but complainant in his testimony deposed that one accused was armed with 303 bore rifle---No empties of the bore of alleged firearms were recovered rather empties allegedly recovered were of some other firearm and same were not sent to Forensic Science Laboratory---Site plan did not support the prosecution story regarding recoveries and presence of complainant, deceased and accused persons at the points shown in the plan---Complainant allegedly was in firing range and could not escape firing which made her presence on the spot doubtful--- Site plan showed complainant's mother, who was a witness, outside the house but in cross-examination she admitted she was inside the house---Alleged motive also negated F.I.R.---Mere absconcion without corroboration from other evidence could not be made basis for conviction---Complainant's statement that firing was made by accused who was now dead was fatal to prosecution case--- Accused was acquitted. JUDGMENT ABDUL LATIF KHAN, J.---Through the instant appeal, the appellant Noor Muhammad has called in question the judgment dated 17-2-2011 passed by the learned Sessions Judge, Tank vide which he was convicted under section 302(b), P.P.C. and sentenced to life imprisonment on four counts with compensation of Rs.50,000 on each count under section 544-A, Cr.P.C. and benefit of section 382-B, Cr.P.C. was extended in his favour. 2. The prosecution story in brief is that on 22-3-1999 at 2200 hours, the complainant Akram Khan reported the matter to the local police to the effect that on the eventful day, he was present in the house of his brother Alam Gul and Alam Gul along with his wife and other family members was also present when the appellant and his son Sanaullah entered the house duly armed with…

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