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Penal Code (XLV of 1860)----- -----S. 302-----Criminal Procedure Code (V of 1898), S. 417 (2-A)-----Qatl-i-amd-----Appeal against acquittal-----Appreciation of evidence-----Prosecution had abandoned the only eye-witness of the occurrence, when he was found to be not mature enough to understand the question and give rational replies thereto, which cast doubt about the contents of the FIR-----Prosecution witness, the younger brother of the deceased, had not identified the dead body of the deceased both before the police and the Medical Officer and had simply deposed that he had accompanied the complainant at the time of lodging of the FIR-----Prosecution case, in absence of eye-witness, had solely rested on circumstantial evidence, which too had received setback after the marginal witness to the recovery memos relating to the blood stained earth, crime empty and weapon of offence had resiled from his earlier statement made to the Investigation Officer and denied his signatures on the recovery memo-----Other marginal witnesses to the recovery had been abandoned by the prosecution for having been won over by the defence-----No cogent evidence in circumstances, was left to connect the accused with the commission of the offence-----Motive alleged in the FIR had not been established from the record-----None of the inmates of the house, where the complainant and the deceased were jointly residing, had come forward in support of the prosecution-----Medical Officer had furnished the Postmortem report to the police with delay-----Statement of the Medical Officer admitting firing from different directions had also created irreparable dent in the prosecution case (showing firing by the accused only from the back side of the deceased)-----Impugned of acquittal was, therefore, unexceptional-----Appeal against acquittal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Feeling aggrieved of acquittal of accused/respondent, Nazakat, the State through Advocate General, Khyber Pukhtunkhwa, Peshawar, preferred this appeal under section 417, Cr.P.C. against the judgment of the learned trial Court/Additional Sessions-II, Abbottabad, dated…

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