Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-F(iii), 334, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, mutalahimah, itlaf-i-udw, abetment, rioting armed with deadly weapon, common intention---Appreciation of evidence---Benefit of doubt---Ocular account did not support medical evidence---Prosecution case was that the accused armed with repeater 12-bore along with co-accused persons armed with deadly weapons made firing on the deceased and prosecution witnesses, who received injuries during the occurrence---Deceased (then injured) was shifted to hospital---Police reached the hospital after receiving information about the occurrence, got recorded statement of the injured---Injured, however, succumbed to the injuries---FIR was lodged on the statement of the deceased (then injured)---Ocular account was furnished by the injured witnesses including complainant of private complaint---Enmity of complainant party with the accused was admitted by the witnesses---Evidence of the said witnesses was in-line about enmity of parties and injuries attributed to the accused---Prosecution case was that accused made fires with his gun .12-bore repeater which landed on the right thigh, left thigh, left foot, left knee and on different parts of injured witness---Both witnesses deposed in the similar lines; however, material contradictions and discrepancies were found in the testimony of said witnesses regarding inflicting of injuries on the person of injured witness---All the injuries found on the person of injured witness at the time of medical examination were caused by three different weapons, whereas as per the first version of said witnesses, accused caused injuries with his gun 12-bore repeater on the person of injured witness---Both the witnesses had not attributed specific injuries to co-accused nor had clarified the injuries on the body of injured witness inflicted by accused---Causing of injuries by a number of accused persons on the person of injured created doubts about the truthfulness of the witnesses---Said witnesses made improvements in their version which was contradicted by medical evidence---Prosecution had not claimed that injuries on…