Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302(b)/34---Qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Complainant and prosecution witness, though were related inter se and with both the deceased closely, but mere relationship alone was not sufficient to discard their evidence; or to term them as interested witnesses---If such witnesses would fail to prove that they had witnessed the incident and that they were present at the spot, then their statements could be discarded; and it was not binding on the court to rely upon the statements of even disinterested witnesses, if otherwise, they were not found trustworthy---No empty of .30 bore pistol had been collected by the Investigating Officer from the point where accused were present and from where they had fired at both the deceased, whereas the empties had been recovered from inside the courtyard which had made the case of the prosecution doubtful---Occurrence took place at night time, but the eye-witnesses had not disclosed any source of light in which they had seen the occurrence---In absence of any source of light it was not possible for the eye-witnesses to see accused persons while committing the occurrence---Contradiction existed between statement of the complainant and medical evidence with regard to place of injuries on the person of the deceased---Eye-witnesses had made dishonest improvements in their statements while appearing in the court in order to fill up lacunas; it was not safe, in circumstances, to rely upon their statements for maintaining the conviction and sentence---Recovery of empties of rifle and pistol from the place of occurrence, was not helpful to the prosecution case, as accused remained on physical remand for thirteen days, but despite that nothing incriminating could be recovered from their possession during their physical remand---Accused had no direct motive against the complainant party, and no documentary evidence in support of the motive---Prosecution, in circumstances, had failed to prove the motive set up by it---Accused remained proclaimed offenders for a period of more than one month, but mere absconsion was not conclusive proof of guilt of accused…

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