Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302--- Unnatural death---Appreciation of evidence---Proving of unnatural death was not sufficient to convict accused, unless allegation of causing murder was established through ocular account---Medical evidence was nothing more than that of "a corroborative piece of evidence", which could, at the most, help prosecution to corroborate ocular account to the extent of seat and nature of injury and kind of weapon used in commission of offence but it could not connect accused with commission of offence---Injuries on person, was not sufficient to take the words of the person as 'truth', because injuries, at the most, could be indicative of presence, but could not stamp him as a truthful witness. 2009 SCMR 985; Amin Ali v. State 2011 SCMR 323; 1981 SCMR 795; Mehmood Hayat v. State 1996 SCMR 1411 and 2007 SCMR 670 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Qatl-i-amd, attempt to commit qatl-i-amd, possessing unlicensed arms---Appreciation of evidence---Incident was one of two parts and the set of witnesses to prove both the parts was also one and the same---Ocular account, medical evidence and mashirs of recovery, were same in both the cases---Injuries on person of injured witnesses of the first part of the incident also came through the same medical officer, who conducted the post mortem of the deceased---Evidence in respect of first part of the incident was found not sufficient to hold the conviction against accused persons of the first part of the incident---Accused persons of the first part of the incident had been acquitted by the Trial Court, while disbelieving the evidence of the same set of evidence, and on the same set of evidence accused persons were convicted---Witnesses having not come with full and complete truth, had brought their credibility under serious clouds---Prosecution also did not establish the recovery of crime weapon against accused persons as recovery effected from one accused was not believed and case against him ended in acquittal, while there was no recovery from his co-accused---Prosecution did not justify any reason or motive for…