Law: Pakistan Penal Code, 1860

Section: 302(b),324,34

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss.302(b), 324 & 34---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Sentence, reduction in---Story as set forth by injured complainant in his initial report, was fully supported by injured prosecution witnesses on each and every material aspects of the occurrence---Both witnesses had been subjected to lengthy and searching cross-examination, but no material contradiction could be brought in their testimony which could be beneficial for the defence---Both said eye-witnesses had given general role of firing to all the four accused persons, without attributing the fatal shot to any one of them, but role of effective firing had been clarified by court-witness, who was an independent witness, not related to any of the parties---Witnesses though related to deceased, but not having any reason to implicate accused falsely---Both said witnesses were bearing the stamp of injuries, received in course of the same incident---Incident had taken place in broad daylight, and the eye-witnesses had full opportunity of observing the whole incident---Juvenile co-accused who earlier were tried, had ultimately been acquitted---Version of court-witness found support and corroboration from circumstantial evidence in the shape of recovery of crime empties and medical evidence---Participation of accused in the occurrence, had been proved up to the hilt---Factum of commission of offence by accused, further got support from the medical evidence---Abscondence of accused was another circumstance, which had proved the guilty conscious of accused---Trial Court had totally overlooked the material, as well as circumstantial evidence, which proved the complicity and guilt of accused, and based its findings on conjectures and surmises, unsupported by the evidence---Impugned being the result of misreading and non-reading of evidence leading to miscarriage of justice, was liable to be set aside---Prosecution had successfully proved the guilt of accused to the hilt through cogent and confidence inspiring evidence---No previous motive had been…

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