Law:

Section:

Penal Code (XLV of 1860)---Ss. 302, 324, 337-A, 337-F & 337-Y---Qatl-e-amd, attempt to commit qatl-e-amd, causing Shajjah, punishment of Ghayr-Jaifah, arsh for heir---Appreciation of evidence---Complainant and other eye-witnesses, did not specifically charge any of the accused person for specific role of effective firing upon the deceased or the injured; only a general assertion of firing was alleged at the complainant party---Accused persons were reported to have started indiscriminate firing upon eye-witnesses; and because of said firing, the deceased was hit and died, and complainant and other were injured, but none of said witnesses, was specific about as to whose fire shots resulted in causing injuries to the deceased and the injured---Benefit of such serious omission on the part of the prosecution would go in favour of accused; and it would not be safe to saddle the capital charge upon him---Testimony of prosecution witnesses, was a repetition of each other, and they did not state any special or distinct testimony attributing any special role to accused persons---Retracted confessional statements of accused persons, would do little to advance the case of prosecution, as same did not fulfil the legal threshold of reliability in the touchstone of being a truthful, voluntary and inculpatory---Accused persons had fired at complainant party only in retaliation, whereas 'site plan' prepared on the pointation of the complainant, was in conflict with said version---No empties were recovered from the spot, whereat the complainant party was stated to have been present---Confessional statements of accused persons, which were not corroborated with other evidence, could not be safely stated to be truthful---Accused persons after rendering their confession before the Magistrate, having been handed over to Police, their confessional statements could not be said to have been recorded in accordance with the requirements of law---Omission to put corroboratory evidence to accused during his evidence under S.342, Cr.P.C., would benefit accused as same could not be used against him---When the ocular evidence of the two eye-witnesses, lacked the crucial attribute of being…

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