Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-A(i),(ii), 337-F(i) & 337-L(2)---Qatl-e-amd, attempt to commit qatl-e-amd, causing Shajjah-i-Khafifah, Shajjah-i-Mudihah, causing damiyah, causing hurt---Appreciation of evidence---Case of two versions---Inordinate delay of fourteen hours in reporting the crime, had created serious dents in the prosecution story and had shattered the presence of the complainant at the place of occurrence---Doctor had stated that all injuries were caused by blunt weapons--- Both prosecution witnesses of ocular account, had made dishonest improvements before the Trial Court, in order to bring the ocular account in line with medical evidence---Prosecution witness, though was injured witness, but the injuries on his person would not mean that he uttered the whole truth---Said dishonest improvements made by the complainant and injured eye-witness, had created doubt qua the veracity of witnesses of the ocular account---When a witness improved his statement to strengthen the prosecution case; and the moment it was concluded that the improvement was made deliberately and with mala fide intention, the testimonies of such witness would not remain reliable---Medical evidence damaged the prosecution case, instead of advancing it---Recovery of hatchet at the instance of accused, was inconsequential, as no report of Chemical Examiner or Serologist qua the same was available on the file; and no evidence had been brought on record to the effect that the hatchet was ever deposited with the Moharrar of Police Station for its safe custody in the Malkhana---No specific motive was alleged by the complainant, in the F.I.R., private complaint or before the Trial Court---Prosecution had failed to connect accused persons with the commission of crime---Case being of two versions, court was to analyze the version put forth by prosecution first---Since, the prosecution evidence was doubtful in nature, there was no need to discuss defence plea taken by accused, as same was exculpatory in nature---Conviction and sentence awarded to accused persons vide impugned passed by the Trial Court, were set aside, accused were acquitted of the charge framed…

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