Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Occurrence took place at night at 19:20 hours, but complainant in her report did not disclose about any source of light i.e. moon or that of electric bulb---Complainant, in order to justify identification of accused, disclosed that she identified the accused in the light of electric bulb, but her said statement did not get support from statement of Police Officials, who recorded her report---Both the prosecution witnesses, did not know about the nature and number of the firing made by accused---Ignorance of both the prosecution witnesses about duration and nature of firing, made their presence on the spot, highly doubtful---F.I.R., had been registered after preliminary investigation---Medical evidence, did not support the ocular account---Forensic Science Laboratory report of six crime empties recovered from the spot, negated the ocular account---No weapon of offence, had been recovered from any accused to send the same to the Forensic Science Laboratory for matching with the recovered crime empties---Said piece of evidence, in absence of direct evidence of the prosecution, which had been disbelieved, would not advance the case of the prosecution---Both the Prosecution witnesses had failed to point out date, day, time and other details of the alleged conspiracy against acquitted co-accused nor they had registered any case against him---No cogent evidence, having been brought on record by the prosecution to prove the guilt of co-accused, Trial Court, was justified by acquitting co-accused of the charge, to which no exception could be taken---Occurrence had not taken place in the mode and manner as alleged by the prosecution---Abscondence of accused would not be sufficient to prove the guilt of accused without credible evidence to support---Prosecution evidence was highly discrepant, full of infirmities and doubts---Trial Court had not evaluated the evidence in its true perspective---Impugned conviction and sentence recorded against accused by the Trial Court, were set aside, and they were acquitted of the charge, and…

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