Law:

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Penal Code (XLV of 1860)----- -----Ss. 302 (b) & 34-----Qatl-i-amd; common intention-----Appreciation of evidence----- Eye-witnesses behaved unnaturally at the time of occurrence-----Recovery of hatchet with blood stains effected from open place-----Accused, along with others, were alleged to have killed accused's step mother with hatchet-----Trial Court, on private complaint, convicted the accused and sentenced him to undergo life imprisonment along with payment of fine and compensation-----Co-accused persons had been declared innocent during investigation and acquitted on basis of compromise with the complainant party-----All eye-witnesses were young as compared to the deceased, and their common force might have prevailed upon the accused to save life of the deceased-----Eye-witnesses, being three in number could have overpowered the accused and snatched the hatchet-----Eye-witnesses, being inmates, might be considered natural witnesses, but their behaviour during the incident remained unnatural and unbelievable-----Presence of said witnesses at the time of incident, therefore, could not be believed-----Alleged motive, that was pendency of criminal litigation between the complainant and the accused persons, in fact, was against the complainant, who had been spared by the accused; had the complainant been present at the spot, he would have also been the victim of the incident-----Forensic report regarding the recovered hatchet was although positive as to existence of blood stains thereon, but the same had been allegedly effected from an open place which was accessible by any person-----Secondary evidence (recovery of the hatchet) could not be relied upon when the primary evidence had been disbelieved-----Prosecution had failed to prove the case against the accused beyond shadow of reasonable doubt-----High Court, setting aside conviction, acquitted the accused-----Appeal against conviction was accepted accordingly. Nadeem alias Manha alias Billa Sher v. The State 2010 SCMR 949 rel. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:----------- This judgment will dispose of captioned criminal appeal filed by appellant Muhammad Riaz who was convicted by…

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