Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34 & 337-A(iv)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Qatl-i-amd, attempt to commit qatl-i-amd, causing Shajjah-i-Munaqqilah, common intention---Haraabah---Appreciation of evidence---Benefit of doubt---Sentence, reduction in---Eye-witness, whose name was mentioned in the promptly lodged FIR, correctly identified two accused persons in identification parade---One of said accused persons got recovered weapons of offence used in the occurrence---Two crime empties of .12 bore gun were recovered from the Jeep where deceased was sitting---Both accused persons, attempted murderous assault on injured prosecution witness, both of them having fired two shots each, both were jointly and severally responsible for the crime---Initially, the charge was framed for the offence of "Haraabah", but robbery was not proved, so both accused persons were only convicted for murder, attempt to commit murder and causing injuries to the prosecution witnesses; and were not convicted for robbery---No appeal in respect of their acquittal for 'Haraabah' or 'robbery', had been filed by the complainant side or the State---In absence of any kind of evidence, specifying accused responsible for causing injury to injured witness, no one could be convicted for causing such injury to injured witness---Conviction of accused persons under S.337-A(iv), P.P.C., for causing injury to injured prosecution witness, was set aside while extending benefit of doubt---No role in respect of murder and murder assault had been assigned to third accused by the witnesses---As per confessional statement of co-accused, third accused was empty handed at the time of occurrence; it could not be assumed that said third accused was having common intention with co-accused in respect of murder of the deceased, and murderous assault on injured prosecution witness---Prosecution having remained unable to prove any charge against said (third) accused beyond reasonable doubt, he was acquitted by extending him benefit of doubt; his appeal was accepted, and he was released---Presence of both prosecution witnesses at the time of…