Law:

Section:

(a) Penal Code (XLV of 1860)----- -----Ss. 324, 337-F(v) & 452-----Attempt to commit qatl-i-amd, causing Hashimah, house-trespass after preparation for hurt, assault, or wrongful restraint-----Appreciation of evidence-----Benefit of doubt-----Incident took place at odd hours of the night, at 2.20 a.m.-----Blood feud with accused had been alleged by complainant as motive behind the occurrence-----Complainant had neither stated anything about the mode and manner of entry of accused persons, and their exit after commission of the incident and had not mentioned the height of boundary walls of his house, nor did the Investigating Officer gave the same in the site plan-----Such omission on the part of the Investigating Officer, seemed to be deliberate, so as to keep in dark the court from possibility or impossibility of entry of accused-----Serious doubts existed about the presence of prosecution witnesses on the spot-----Despite close proximity, none of the eye-witnesses, had sustained any injury, which seemed highly improbable in case of indiscriminate firing of three accused with automatic weapons like Kalashnikovs from close proximity of 8 to 10 paces as alleged by the complainant-----No bullet marks, had been observed on the wall of the room-----No blood had been recovered from the bed of the complainant-----Beds/cots of the complainant party, had neither been shown in the site plan, nor taken into possession in support of version of the complainant-----Both prosecution witnesses had contradicted each other on material aspects of the incident-----No weapon of offence had been recovered from direct or indirect possession of accused, nor had he confessed his guilt before any competent court of law-----Prosecution had failed to bring home the guilt of accused through cogent and confidence inspiring evidence-----Prosecution evidence was doubtfull which went to the very roots of the case; benefit of which was to be extended to none else, but accused-----Trial Court, by not properly appreciating the evidence, reached to the erroneous conclusion by holding accused guilty of the offence-----Impugned of the Trial Court, was liable to be set aside, in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492