Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Law: Criminal Procedure Code (V of 1898)

Section: 417

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 148 & 149---Criminal Procedure Code (V of 1898), S.417---Qalt-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapons, common object---Appeal against acquittal---Appreciation of evidence---Probability, test of---Requirement---Case reported and FIR lodged before death of deceased---Promptitude in reporting the crime to police---Most of the accused acquitted on same set of evidence---Requirement of corroboration---Plea of political clout/influence, acceptance of---Twenty-three accused were alleged to have caused death of the deceased and injured an eyewitness by firearms shots over a land dispute---Trial Court, while acquitting seventeen co-accused, convicted the remaining and sentenced them to death as well as to undergo imprisonment up to five years along with payment of fine---Eye-witnesses had equally supported the prosecution case---Alleged incident had occurred in broad-daylight---Medical evidence had confirmed receipt of firearm injuries, both by the deceased and the injured eye-witness---Casings of bullets had been secured from the spot and sent to Forensic Science Laboratory prior to arrest of the accused---Weapons, recovered at the instance of the accused and dispatched subsequently, were wedded with the casings---Motive for the crime existed---Police contingent was present at the spot at time of occurrence---Said pieces of evidence were although formidable, but such immaculate precision alone fell short of the standard of proof required to visit the accused with ultimate corporal penalty---Such precision could be possibly manipulated, but happening of events occurring in the natural course of probability could not be manipulated---Unless testimonial rendition qualified the test of probability, the same could not be allowed to be made basis of conviction-- -Examined on the touchstone of probability, prosecution case warranted serious consideration for more than one reasons---Uninterrupted assault by the accused in presence of heavy police contingent and their encircling the deceased and the prosecution witnesses with impunity to fatally gun down the deceased with subsequent safe conduct,…

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