Law: Pakistan Penal Code, 1860

Section: 302, 307, 34

(a) Penal Code (XLV of 1860)-------Ss. 302, 307 & 34---Qatl-e-amd, common intention---Reappraisal of evidence---Independent witnesses abandoned---Contradictions between statements of prosecution witnesses---Previous enmity---Probability of false implication---Widened net of implication to rope in more accused persons---Injuries not corroborating statements of injured witnesses---Effect---Accused and co-accused persons were alleged to have launched an attack on complainant party which resulted in death of two persons and caused injuries to two victims---Trial Court awarded death sentence to two accused persons, while two other accused were sentenced to life imprisonment---Nine co-accused persons were acquitted by Trial Court--- High Court acquitted all accused and co-accused persons---Validity---Witnesses whose testimony could have been independent had been abandoned by the prosecution---Real brother of the complainant who was examined as a prosecution witness denied that the occurrence was witnessed by the complainant, and thereby contradicted other prosecution witnesses who stated that complainant had in fact witnessed the occurrence---Contradictions existed between F.I.R. and evidence of prosecution witnesses regarding nature of weapon used by accused persons during the occurrence---According to the F.I.R. as many as seventeen (17) persons were charged but effective shots had been attributed to four, but according to the statements of prosecution witnesses effective shots had been attributed to five accused persons---Allegedly all the assailants were standing close to each other and so were the victims, thus it was humanly impossible to discern who fired the shot and whose shot hit the deceased or the injured particularly in a situation which was reigned by panic and pandemonium---Number of assailants in the circumstances of the case appeared to have been exaggerated---Seemingly most of the accused persons had been charged because of previous enmity---Incident might have been enacted by two of the accused persons because one of the deceased was alleged to have illicit relations with their sister, but other accused and co-accused who had no visible nexus…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492