Law: Pakistan Penal Code, 1860

Section: 147,148,149,302

Penal Code (XLV of 1860)--- ----Ss. 302, 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal--- Charge against accused was that he along with co-accused persons had committed murder of the brother of the complainant by causing firearm injuries and fled away from the place of incident---Record showed that the date of postmortem of deceased in the report had been mentioned by Medical Officer as 16.11.2007, while the incident took place on 15.10.2007 about one month prior to his post-mortem---Prosecution had failed to explain as to why the post-mortem was conducted after one month---Evidence recorded, in the present case, showed that on the said point neither any cross was made by the defence nor any clarification was sought by the Trial Court during examination of said witness---Said ambiguity about the date of conducting postmortem of the deceased could not be cleared without re-examination of Medical Officer---Case was remanded to the Trial Court by setting aside the impugned for decision afresh after re-examination of Medical Officer. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- Through instant Criminal Acquittal Appeal, appellant/complainant, namely, Attaullah Khoso has impugned the judgment dated 29.12.2011 passed by the learned VII Additional Sessions Judge, Larkana in Sessions Case No.59/2009 arising out of FIR No, 50/2007 under sections 302, 147, 148, 149 of P.P.C. Police Station Rehmatpur, whereby Respondent No. 1/accused, namely, Riaz Hussain son of Suleman Khoso was acquitted from the charge of murder of deceased Khan Muhammad alias Rehmatullah. 2. The precise allegations against the respondent No.1, as per aforesaid FIR lodged on 15.10.2007 at 10.50 a.m., are that on the said day at 9.30 a.m. he along with co-accused persons, namely, Sunho, Mumtaz, Asghar and Ali Asghar having committed murder of Khan Muhammad alias Rehmatullah, the brother of the complainant, at Jamali Street, Nazar Muhalla, Larkana by causing firearm; injuries, fled away from the place of incident. 3. After usual investigation police submitted the Challan against the accused…

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