Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Accused was neither specifically nominated by the complainant in the F.I.R., nor in the course of his statement recorded during the trial---No identification parade was got conducted by the Investigating Officer after the arrest of accused, who was stated to be unknown---Accused was real brother of a co-accused, who was identified by the complainant at the time of occurrence, it was highly improbable, in circumstances, that the complainant could not have identified the accused---Features of accused, who was shown as the unknown accused in the F.I.R., were not mentioned therein---Person, who was accompanying the complainant at the time of occurrence, and had seen the whole incident, had not been produced by the prosecution as witness during the trial---Another person who had transferred the dead body of the deceased from the scene of the crime to the hospital, had also not been produced as witness---Non-production of said two witnesses, who had witnessed the occurrence; and had direct knowledge of the incident had created a serious dent in the prosecution story---Motorcycle used by any accused at time of occurrence was not mentioned---Out of three accused mentioned in the F.I.R., only two were alleged to have been armed with Kalashnikov---No allegation was levelled in the F.I.R. or the statement of the prosecution witnesses that accused was armed with a pistol/revolver at the time of occurrence---Case of two versions---Version which was favourable to accused, was to be accepted---Presence of accused at time of occurrence had not been established beyond reasonable doubt by the prosecution---Accused, in circumstances, could not have been found guilty of causing the "qatl-e-amd" of the deceased along with his co-accused in furtherance of their common intention---Prosecution having failed to establish beyond reasonable doubt that accused had committed "qatl-e-amd" of deceased in furtherance of common intention of all accused, conviction and sentence awarded to accused under S.302(b), P.P.C. by the Trial Court, was set aside---Accused was acquitted of the charge and was released,…

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