Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 34---Qatl-e-amd, attempt to commit qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were not named in the F.I.R.---Sufficient description of the unknown accused persons who committed the offence were neither mentioned in the F.I.R. nor in the supplementary statement of the complainant---No role whatsoever during the occurrence was attributed to accused persons by the eye-witnesses which was serious defect in the prosecution case---Eye-witnesses were not residents of the village where occurrence had taken place, but were residents of different village; both were chance witnesses---Star witness of the prosecution, who was injured during the occurrence, did not identify accused persons during identification parades--- Identification parade of accused persons was held 12 days after occurrence---Identification of accused persons through identification parade by witnesses, was not worthy of reliance, in circumstances---Intrinsic value of the evidence of an injured eye-witness was to be seen, and mere injuries on the person of a witness, did not mean that he was telling the whole truth---Witnesses who identified accused persons had brought accused persons to the place of occurrence on a motorcycle---Said witnesses did not nominate accused persons in their statements recorded by the Police and did not take part in the proceedings of identification parade---Accused persons being completely strangers to said witnesses, their identification in the court by said witnesses, was of no avail to prosecution---Evidence of Foot Tracker was a weak type of evidence---Story regarding snatching of cash amount and mobile phones by accused persons was introduced by the complainant through his supplementary statement---No denomination or any specific identification mark on the currency notes, or on the mobile phones which were allegedly looted during the occurrence, were mentioned in the supplementary statement---Alleged recoveries of mobile phone and cash amount from the possession of accused persons, was of no avail to the prosecution, in circumstances---Empties were sent to the office of…

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