Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 337-D---Qatl-e-amd, attempt to commit qatl-e-amd, Jaifah---Appreciation of evidence---Benefit of doubt---Accused persons were not named in the F.I.R., by the complainant, but had been involved after one month of the occurrence---No supplementary statement of the complainant was recorded by the Investigating Officer separately; and only application of the complainant in which he had named accused persons with specific role, was on record, which had been considered as supplementary statement by the Trial Court---Such supplementary statement had no value in the eyes of law---Complainant being not an eye-witness of the occurrence, his statement had to be corroborated by the statement of eye-witness---Eye-witness who was an injured witness, had not named any of accused persons in her statement recorded under S.161, Cr.P.C.---Said witness made lot of improvements in order to bring her statement in line with the supplementary statement of her father/complainant---Said fact had created doubts qua the veracity of witness of the ocular account---Incident was night occurrence which took place at 10.00 p.m.---Identification of accused in circumstances, was mandatory but same had not been conducted in the present case---Co-accused/approver made two statements, one was recorded under S.342, Cr.P.C., prior to giving him the status of approver; and the other after he was made approver---So many discrepancies were found between said both statements---No reliance could be placed on recovery of .12 bore gun and report of the Forensic Science Laboratory, as said recovery was made after about ten days of the arrest of accused; and said gun and empties were received by office of Forensic Science Laboratory together after about fifteen days of recovery---When empties and weapon of offence were sent to the Forensic Science Laboratory together, positive report of the Forensic Science Laboratory would become inconsequential and could not be relied upon---Prosecution having failed to prove its case against accused persons beyond any shadow of doubt, convictions and sentences awarded to them by impugned s were set aside and they…

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