Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons made firing at complainant and his father, as a result of which, father of complainant was hit and injured, while complainant escaped unhurt---Injured was taken to the hospital where he succumbed to the injuries---Ocular account of the occurrence had been furnished by the complainant, who happened to be son of the deceased---Record showed that evidence furnished by the complainant had no corroboration from the circumstances of the case---Contents of FIR showed that both complainant and deceased were returning home after purchasing some commodities from bazaar---Case file did not show any convincing evidence, which could corroborate the version given by the complainant that he had either gone with his father to bazaar or was returning with him when the occurrence took place---None of the purchased domestic commodities was produced before the Investigating Officer---Occurrence had taken place at about 5.25 p.m. and the distance in between the complainant and both the accused was seventy three paces as per site plan---Identification of accused by the complainant from such a distance in the month of January at 5.25 p.m. could not be accepted as not only at that time sunlight was decreased but due to long distance, it would not be possible for the viewer to properly visualized the occurrence---Complainant had deposed that he had lifted his father and taken him to the hospital---Medical evidence showed that there were multiple injuries on the body of the deceased and blood was oozing from the wounds---Hands and clothes of the complainant in such a situation would have been besmeared with blood, but they were not so---Attending circumstances of the case created doubt about the presence of the complainant at the time of occurrence---Medical Officer deposed that the deceased was brought to the hospital by the police, which aspect of the case also confirmed that the complainant was not present on the crime venue when the occurrence had taken place---Complainant…

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