Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 109 & 34---Criminal Procedure Code (V of 1898), S. 154---Qatl-i-amd, abetment and common intention---Appreciation of evidence---Delay in lodging FIR---Consultation and deliberation---Record showed that in the inquest report, prepared by the Investigating Officer in the hospital, neither the name of complainant was mentioned nor signed by any witness despite the fact that complainant and witness were present there---Distance between the police station and place of occurrence was six miles, whereas complainant consumed four hours for reaching the police station for reporting the incident---FIR was lodged by the complainant after considerable delay of four hours---Police officer was present in the hospital but no complaint was lodged by the complainant---FIR was not lodged till the inquest proceedings were over at the hospital by the Investigating Officer, which would seriously and adversely affect the prosecution story---Said circumstances were sufficient to create serious doubt about the prosecution story, so no reliance could be placed thereon to establish the guilt of the accused---Conviction and sentences recorded by Trial Court were set aside in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 109 & 34---Qatl-i-amd, abetment and common intention---Appreciation of evidence---Ocular account did not corroborate medical evidence---Scope---Allegation against accused was that he made fire shot with his .12-bore gun on deceased, which landed at his abdomen---Ocular account was furnished by complainant and a witness---Statement of said witnesses showed that deceased received fire arm injuries and he was shifted to the hospital at "H" but the doctor referred the injured to hospital at "L" due to his serious condition---Injured succumbed to the injuries on the way and dead body of deceased was brought back to the hospital at "H'' for post-mortem---Statement of Medical Officer and Medico-Legal Certificate of deceased showed that deceased had gone through surgery and he was kept under observation---Statements of both the witnesses were in conflict with medical evidence on material points---Draftsman…