Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 457, 324 & 34 --------- Criminal Procedure Code (V of 1898), S. 417 --------- Attempt to commit qatl-e-amd; lurking house-trespass or house-breaking at night after preparation for hurt, assault or wrongful restraint; common intention --------- Appeal against acquittal --------- Reappraisal of evidence --------- Benefit of doubt --------- Complainant gave two versions of same occurrence --------- Effect --------- Witnesses not mentioned in FIR, testimony of --------- Admissibility --------- Accused were alleged to have entered into house of complainant and caused injuries on his body by fire shots, due to monetary dispute --------- Trial court, extending benefit of doubt, acquitted the accused --------- Alleged incident was nocturnal; whereas, no source of light had been disclosed by complainant in his report, nor had any such source been noticed or taken into possession by Investigating Officer during spot inspection --------- Identification of the assailants from distance of 16 to 19 paces in dark, by injured complainant, who was under attack of firing by three assailants, did not appeal to mind --------- Said sole and material doubt, qua identification of accused, would be sufficient to crumble the entire edifice of prosecution case --------- Complainant had given two different versions of alleged incident as to place of occurrence, number of victims of firing and specific kind of weapons used by each accused --------- Subsequent and afterthought version of complainant amounted to dishonest improvement just to bring his case in line with recovered empties --------- Time of medical examination of complainant was twenty minutes prior to time of reporting of alleged incident, which created doubt in prosecution case --------- Name of eyewitness was not mentioned in FIR, and the same had been introduced later on --------- Testimony of prosecution witness, not mentioned in the FIR, but introduced subsequently, had no evidentiary value --------- Many circumstances existed in the prosecution case, which had created serious doubts, and benefit of which had rightly been extended to the accused by trial court…

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