Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Prosecution case was that accused made firing with pistol, due to which two bullets hit the father of complainant, who succumbed to the injury---Ocular account was furnished by witnesses comprising complainant, his brother and cousin---Said witnesses allegedly claimed to be eye-witnesses but their statements created doubt with regard to their presence at the place of occurrence and witnessing the crime---Record showed that FIR was lodged on the basis of fard-e-bayan of complainant, but the complainant while appearing in the court made his ignorance as to who had written the said fard-e-bayan---Nothing was available on record that fard-e-bayan was written on the direction of complainant---Contents of fard-e-bayan and FIR were silent about the presence of cousin of complainant/eye-witness at the time and place of occurrence---Complainant and his brother/eye-witness were in government jobs but nothing was on record to show that said witnesses were on leave from their offices on the day of occurrence---Said witnesses deposed that alleged incident took place at 10.30 a.m. and two bullets hit to the deceased but their statements were in conflict with the medical evidence---Medical Officer, who examined the deceased stated that dead body of the deceased was brought to the hospital at about 10.00 a.m. and deceased had received only one bullet injury on his body---Medico-legal Certificate and inquest report of the deceased did not reflect the presence of complainant and his brother/eye-witness---Record showed that accused-appellant was an aged man of about 70-years, whereas prosecution had alleged that in the presence of two sons and a nephew, the accused-appellant came on cycle, committed the murder of deceased with fire shot and fled away on cycle---Said three persons/eye-witnesses did not resist even to save the deceased or overpowered 70-years old culprit---Conduct of said witnesses was unnatural and did not appeal to the logic that an old man of 70-years committed the murder of the father of two young men…

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