Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148 149--Criminal Procedure Code, (V of 1860), Ss. 154 161--Conviction and sentence--Challenge to--Reappraisal of witnesses--Enmity--Ocular account--Interested witness--Delay in post-mortem examination reflects against prosecution and crime report was recorded after due obliberation and consultation--Recoveries of crime weapons--Inconsequential--Motive was double edged weapon--Validity--Eyewitnesses were discrepant with I.O. regarding dispatch of dead body for post-mortem examination--Narration furnished by prosecution witnesses was not only discrepant but pregnant with material and dishonest improvements regarding actual occurrence as well and even prosecution is not consistent regarding fire-arms used in occurrence and location of injury attributed to appellant--All PWs furnishing ocular account, had made material dishonest improvements in their earlier statements qua actual occurrence recorded by police under Sections 154 161 of Cr.P.C.--Witnesses were not only discrepant with site plan regarding their place of presence during occurrence but they had also made dishonest improvements about same fact which renders their presence further doubtful--Occurrence was un-witnessed and unexplained delay of post-mortem examination also indicates that FIR was registered with ante timing--Same was not denied by defence, however, defence has taken same enmity as a reason for false implication of accused persons but have not substantiated same with any evidence, however, being a double edged weapon motive cannot be given much importance--Alleged recovery of .44 bore rifle at instance of appellant was inconsequential and not helpful to prosecution--Discrepancy in statements of witnesses qua arrest of accused also create doubt regarding probity of recovery--Prosecution remained fail to discharge its responsibility of proving case against appellants--It is by now well settled law that if there is a single circumstance which creates reasonable doubt regarding prosecution case, same is sufficient to give benefit of same to accused, whereas, instant case is replete with circumstances which have created serious doubts about…