Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302, 324, 337-F(iii) & 427---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, attempt to commit qatl-e-amd, causing Mutalahimah, mischief, possessing unlicensed arms---Appreciation of evidence---Complainant had not named anyone as eye-witness in the F.I.R. nor anyone in the statement in court---Presence of prosecution witness on the spot, was not shown by the complainant; two eye-witnesses, allegedly present on crime venue, had contradicted each other---Occurrence had taken place at 7-45 p.m. in the night, but F.I.R. was silent about light or electric bulb---Prosecution witness had not disclosed the reason of his presence on the spot---Allegation of indiscriminate firing had been levelled, but no mark of firing on any conspicuous place had been shown---No circumstantial evidence existed, which could corroborate the ocular account furnished by the prosecution witnesses---No recovery of crime empty had been effected from the crime site by the Investigating Officer---Investigating Officer had admitted in cross-examination that no specific mark was shown in site plan, wherefrom empties of .30 bore and .9 mm were recovered---Site plan had contradicted the ocular account---Joint recovery of separate pistols made at the instance of accused and co-accused, from a locked house, on the next day of arrest of accused, was highly doubtful---Accused was not charged for firing at any of the victim---None from the locality had been examined by the Investigating Officer---Medical evidence was not in line with prosecution version---No witness of recovery was cited from the vicinity/place of recovery---Impugned of the Trial Court, was set aside, accused was acquitted of the charge levelled against him; he being on bail, was discharged from the liability under the bail bond. (b) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Appeal against acquittal---Criteria and scope---Criteria laid down for treating appeal against acquittal was different from that of appeal against conviction---Presumption of innocence of accused would become double in case of acquittal. (c) Criminal trial--- ----Administration of justice---Findings…

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