Law: Pakistan Penal Code, 1860

Section: 396

(a) Penal Code (XLV of 1860)--- ----S. 396---Dacoity with murder---Appreciation of evidence---Benefit of doubt---Ocular account did not corroborate medical evidence---Prosecution case was that the accused along with co-accused (thirteen in number) appeared at the spot where the cousin of complainant was grazing his buffaloes and attempted to rob the buffaloes---Upon resistance from his cousin, three out of thirteen persons fired at him and his cousin died---Ocular account was furnished by witnesses including the complainant---Complainant had narrated in the FIR that three co-accused had pistols who fired at the deceased and as a consequence three bullets hit the deceased---Eye-witness stated that accused and five co-accused persons fired directly upon the deceased---Deposition of said witness was not in line with that of the complainant---Statement of said witness appeared to be dishonest as accused along with co-accused were stated to be carrying Kalashnikovs---Record showed that neither any injury on the deceased caused due to Kalashnikov bullet nor was any empty of Kalashnikov was recovered from the site---Other eye-witness categorically deposed that accused did not make any fire on the deceased---Admittedly, accused was not charged with playing an overt role in shooting at the deceased---FIR showed that occurrence took place at 2.00 p.m.---Statement of complainant showed that he had seen the deceased (as dead) between 2.00 p.m. to 2.05 p.m.---Medical Officer recorded in postmortem report of deceased that he was informed by the heirs who accompanied the dead body to the hospital that the time of death was 1.45 p.m., whereas eye-witness deposed that the deceased remained alive for two to three hours after the incident---Complainant had stated that the incident was over in 2/3 minutes while eye-witness deposed that incident took 30 or 10 or 15 minutes---Complainant had said that he left his house with food for the deceased at 1.45 p.m. whereas eye-witness deposed that deceased along with others were taking lunch at 1.40 p.m.---Blood on earth collected as sample by the police did not match with the blood of the deceased---Circumstances established that material…

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