Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 324 & 337-D --------- Pakistan Arms Ordinance (XX of 1965), S.13 --------- Attempt to commit qatl-i-amd, causing Jurh, possessing unlicensed arms --------- Appreciation of evidence --------- Benefit of doubt --------- Material contradictions and improvements were noticed in the statements of complainant and other star witnesses, who allegedly were present at the spot at the relevant time --------- Presence of said persons at the spot remained unproved which had created doubt in the mode and manner of the occurrence as described by the complainant --------- Contradictions in the statements of the marginal witnesses to recovery memo and Investigating Officer, had made the recovery of alleged weapon of offence doubtful --------- Report, of Forensic Science Laboratory, was also not supportive to the recovery of blood stained knife --------- No injury sheet was available on file, on the basis of which medico-legal report had been prepared, which made the medico-legal report doubtful --------- Neither Electric motor due to which the incident took place, had been taken into possession by the Investigating Officer nor the "Chashma" had been shown in the site plan which belied the version of complainant --------- Nothing was on record to suggest that the accused was hardened or dangerous criminal, having previous history of involvement in such like cases --------- Accused had also made no confession before the competent court which could connect him with the commission of alleged occurrence --------- Material contradictions as well as loopholes in the prosecution evidence, created doubt in a prudent mind about involvement of the accused in the commission of offence, the benefit of which would go to accused --------- Even a single doubt, if found reasonable, would entitle the accused to earn acquittal --------- Prosecution having failed to prove its case against accused beyond any reasonable shadow of doubt, the of conviction and sentence passed by the Trial Court, which was based on misreading, non-reading of evidence available on record, and was against the law and the facts, was set aside and the accused was…

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