Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---F.I.R. was lodged after inordinate delay of three months---Both the witnesses of the ocular account had made dishonest improvements to strengthen the prosecution case---Motive as alleged in the F.I.R., was not proved as complainant had changed said motive and stated a different story---Report of Forensic Science Laboratory with regard to Kalashnikov, allegedly recovered from accused, was withheld by the prosecution and the negative report of Forensic Science Laboratory qua said Kalashnikov, was brought on record by the defence---No recovery was effected from co-accused during the course of investigation---Prosecution evidence which had been disbelieved to the extent of co-accused, could not be believed against accused persons without there being any independent and strong corroboration, which was very much lacking in the case---Prosecution had failed to connect accused persons with the commission of crime beyond any shadow of doubt---Conviction and sentence awarded to accused persons by the Trial Court were set aside---Accused were acquitted of the charge and were released, in circumstances. Ayub Masih v. The State PLD 2002 SC 1048 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Piece of evidence not put to accused during his examination under S.342, Cr.P.C.---Effect---Evidence not put to accused during his examination under S. 342, Cr.P.C., could not be used for awarding him punishment. JUDGMENT MANZOOR AHMAD MALIK, J.---This judgment shall decide Criminal Appeal No.168-J of 2009 titled as "Zafar Iqbal alias Zafri and another v. The State" and Murder Reference No.42 of 2009 titled as "State v. Zafar Iqbal alias Zafri and another" as both these matters have arisen out of same case i.e. F.I.R. No.93 of 2005 dated 26-2-2005 offences under sections 302, 148 and 149, P.P.C. registered at Police Station Lundianwala, District Faisalabad. 2. Zafar Iqbal alias Zafri and Abdul Sattar alias Laddi (appellants) have filed Criminal Appeal No. 168-J of 2009 against the judgment dated 22-12-2008, whereby, after having been tried along with their…