Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 302, 324 & 34---.---Criminal Procedure Code (V of 1898), S.417(2-A)---.---Qatl-i-amd; attempt to commit qatl-i-amd; common intention---.---Appeal against acquittal---.---Appreciation of evidence---.---Complainant had not given the names, "hulyas" (description) of accused either in the FIR or in his statement under S. 161, Cr.P.C. and instead had mentioned two unidentified persons in the FIR---.---Names of the accused persons had been disclosed in their statements under S. 164, Cr.P.C.---.---Identification parade of one of the accused persons had not been held---.---Prosecution injured witness had deposed that the names of accused persons had been disclosed to him by his father, the complainant---.---Identification of the accused was therefore, being doubtful, had no credibility---.---Identification of the accused before the Magistrate carried no weight in the eyes of law---.---Prosecution witnesses had made contradictory statements during cross-examination---.---Injured prosecution witness had deposed that he had not seen any accused person, and the present accused were not the same as he had not seen them at the time of the incident at the place of occurrence, and that his statement before the police had not been recorded---.---Testimony of the Mashir of Danishnama of the deadbody of the deceased, injuries of the injured, place of occurrence and recovery of the empties, who had supported the prosecution case, was not sufficient to convict the accused person, as no trustworthy ocular evidence existed to implicate them in the commission of offence---.---No material evidence had been collected against present accused during the investigation, and the accused persons had been found innocent during police investigation and they had been challaned on application to the Magistrate after identification parade---.---Magistrate was under duty to arrange dummies of different size, heights, and colours, which had not been done---.---Eye-witnesses had admitted to have already seen the accused before the identification parade at the police station---.---Impugned order of acquittal was based on correct appreciation of…