Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 460, 147, 148, 149 & 34---Qatl-i-amd, lurking house-trespass or house-breaking by night, rioting, unlawful assembly and common intention---Appreciation of evidence---Complainant alleged that accused persons after scaling wall of their house started firing and as a result his nephew died at the spot while the other nephew suffered injury---Trial court convicted accused persons under S. 460, P.P.C. and exonerated him from other charges---Accused persons contended that FIR had been lodged after inordinate delay of eleven hours, no role of firing had been ascribed to him for causing any injuries to deceased and S. 460, P.P.C. was not borne out from prosecution evidence---Validity---Incident was an un-witnessed occurrence---Prosecution witnesses, till time of medical examination, had neither nominated the accused persons nor disclosed about happening of incident in the manner as alleged by prosecution nor disclosed about his own injury allegedly caused by accused persons---No recovery of any empties of weapon from place of occurrence was mentioned---Having information about commission of cognizable offences, no FIR was registered--­-Complainant failed to explain delay of eleven hours in lodging of FIR---Delay of eleven hours in lodging of FIR provided sufficient time for deliberation and consultation---Failure to explain the delay made dent in case of prosecution and false implication of accused persons could not be ruled out---Prosecution witnesses were not worthy of credence as they were either not present at place of occurrence or had not implicated appellants and failed to disclose happening of incident---Empties and recovered weapons were not sent to Forensic Sciences Laboratory for matching to ascertain as to whether the empties recovered from place of incident were fired from those weapons or otherwise---Investigating Officer did not appear for examination as witness---Most important witnesses, who had been found at the place occurrence had taken place, were not produced, for which adverse inference under Art. 129 of Qanun-e-Shahadat, 1984 had to be taken i.e. had the said witnesses been examined in court,…

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