Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34--- Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that son of complainant ran a grocery outlet, accused being customer used to avail credit---Deceased declined to sell items on credit to the accused which resulted into altercation---Deceased, on the asking of accused visited her house at night in order to clear the liabilities---Accused along with co-accused made firing on the deceased---Witnesses had seen the deceased in a pool of blood---Deceased, critically injured informed the witnesses that accused along with co-accused had committed the offence---Circumstances of the case showed that it was extremely improbable that the accused would ask the deceased to enter her house within the view of witnesses and shortly thereafter she had to commit murder of the deceased was far from being expedient---Sole eye-witness had admittedly not seen the incident of firing, he only saw guns with the accused and acquitted co-accused---Query by witness and detailed response thereto by the deceased lying critical injured with six gunshots hitting almost every vital part of his body was a position, which showed a pinch of salt---Witness was reluctant to say as to what happened to the assailants subsequent to the incident---Said factors established a real possibility that none was present at the seen except for the deceased---Said witness had been disbelieved against the co-accused, placed inexorably in an identical position with the accused---Statement of said witness was self-destructive on material points---Circumstances established that improbability of presence of the solitary eye-witness at the scene, rejection of his statement against identically placed co-accused, visit the deceased at an odd hour of night to the accused for a purpose far from being indispensably urgent case a dark shadow of doubt on the genesis of prosecution case, benefit of which would resolve in favour of accused---Accused was acquitted by setting aside conviction and sentence recorded by Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation…

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