Law: Pakistan Penal Code, 1860

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Both, complainant and prosecution witness, were closely related to the deceased---Complainant in his statement, besides reiterating the story, set forth by him in his initial report, had introduced some new events and circumstances to bring his statement in line with other circumstances of the case---Site plan, also contradicted the stance of injured complainant---Report of the complainant which was highly doubtful, had created serious doubts in the prosecution case---Alleged, eye-witness of the incident had totally shattered the prosecution case by introducing some new story---Both, alleged eye-witnesses, had failed to prove the occurrence in the mode and manner as alleged in the report---Said eye-witnesses had suppressed the actual facts of the incident---One impartial witness having been abandoned for no good reason, adverse inference would be drawn against the prosecution to the effect that had he been produced, would not have supported the prosecution case---Statement of injured witness, supported by medical evidence, would be sufficient for recording conviction, provided the same rang true and was trustworthy---Evidence of injured witness, was not of unimpeachable character and corroborated by other strong circumstances of the case---Certain facts, though had established the murder of the deceased with firearm, and the injuries of the injured to be the result of firearm, but as to who committed the occurrence, was shrouded in mystery---Testimony of the complainant and prosecution witness being in gross conflict with each other, could not be believed and relied upon---In absence of any credible evidence to support the prosecution version, abscondence of accused, itself would not be sufficient to prove the guilt of accused---One substantial doubt, was enough for acquittal of accused---Trial Court had not evaluated the evidence in its true perspective, and reached to an erroneous conclusion by holding accused persons guilty of the offence---Impugned of the Trial Court, being not sustainable,…

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