Law:

Section:

(a) Criminal trial--- ----Proof---Prosecution was required to prove its case against accused persons beyond any shadow of doubt and defence version was to be taken into consideration after evaluating the prosecution evidence to find out whether same inspired confidence or not. Ashiq Hussain v. The State PLD 1994 SC 879 and Amin Ali and another v. The State 2011 SCMR 323 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd, common intention---Appreciation of evidence---Sentence, reduction in---No delay in reporting the matter to the Police---Complainant and prosecution witness being residents of the same village where occurrence had taken place, their presence along with the deceased, at the spot, at the time of occurrence, was neither unnatural nor improbable---Presence of eye-witnesses at the time of occurrence, had also been admitted by accused, though in a different manner---Eye-witnesses were cross-examined at length, but their evidence could not be shaken---Prosecution witnesses corroborated each other on all material aspects of the case, their testimonies qua the role attributed to accused and injuries inflicted by him on the person of the deceased were confidence-inspiring and trustworthy---Complainant being real paternal uncle of the deceased, it was not probable that he would falsely implicate accused and would let off the real culprit in the murder of his near kith and kin---Substitution in such like cases was a rare phenomenon---Medical evidence, had fully supported the ocular account of prosecution---Motive as alleged by the prosecution, had not been proved---Pistol and empties having been kept in Police Station, possibility could not be ruled out that false empties were prepared from pistol and sent to the office of Forensic Science Laboratory---Story of prosecution regarding recovery of pistol not appealing to common sense, it was not safe to rely upon the alleged recovery on the pointation of accused and positive report of Forensic Science Laboratory---Accused had pleaded that on the day of occurrence, he was called by his in-laws/complainant party, deceitfully under the garb of compromise and when he reached at the spot he was…

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