Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Both prosecution witnesses, were not the residents of the area where occurrence had taken place, but were residents of other places, which were situated at a distance of 14/15 and 16/17 Kilometers, respectively---Reason advanced by said witnesses for their presence at the place of occurrence at the relevant time, was not plausible and was quite un-natural---Statements of said witnesses, were not believable and appealable to the mind, being improbable and unnatural---Same could not be relied upon to maintain the conviction of accused---Said witnesses, contradicted each other and made dishonest improvements in the previous statements which had created the doubt about the veracity of their statements and made them unreliable---Three co-accused, who had been assigned specific roles were finally acquitted---Evidence which had been disbelieved qua the acquitted co-accused, could not be believed against accused, until and unless there was strong independent corroboration against him, which was lacking in the present case---FIR was registered after about 2 hours of the occurrence; and post mortem examination was conducted with the delay of more than twenty four hours---No explanation for such delay was furnished---Presence of witnesses at the scene of occurrence at the relevant time was doubtful and crime report was recorded after due deliberation and consultation---Nothing was on record, except oral narration of witnesses to strengthen the prosecution story regarding alleged dying declaration made by the deceased---Alleged declaration, which had already been disbelieved qua the three acquitted co-accused persons, could not be relied upon---Blood-stained chhuri, allegedly was recovered at the instance of accused after twenty-three days of occurrence---Evidence of the recovery of said chhuri and report of Chemical Examiner, and that of Serologist, in that respect, was not reliable---Even otherwise, evidence of recovery of chhuri, was merely a corroborative piece of evidence, and relevant only, when the direct evidence i.e. ocular account…