Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.302(b), 109 & 34---Qatl-i-amd, abetment and common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused party made firing, and son of complainant succumbed to the injuries at the spot---Motive behind the occurrence was that about 7/8 months back, one of the accused inflicted injuries to the deceased and a case was registered against him---Accused persons had committed the offence due to said incident---Ocular account was furnished by mother and brother of deceased being eye-witnesses---Record showed that accused was named in the FIR but the fact remained that he did not cause any injury to the deceased or any of the witnesses at the spot---FIR showed the role attributed to the accused was that he, while armed with .12-bore double barrel gun was just making calls on mobile phone---No data of his mobile phone had been collected by the Investigating Officer so as to substantiate the allegation that on seeing the complainant party, accused called the co-accused to commit the murder of the deceased---Both the eye-witnesses had not stated in their evidence that they heard the mobile phone conversation of the accused with his co-accused, who allegedly came at the spot and committed the murder of the deceased---Testimony of eye-witnesses had not found support from other independent material as there was no tangible evidence available against the accused---Evidence produced by the prosecution against acquitted accused persons had already been disbelieved by the Trial Court---Conviction against the accused could not be recorded on the basis of same set of evidence---Record transpired that accused had ample opportunity to do away with the deceased by firing but admittedly he had not caused any fire-arm injury to the deceased---Question of vicarious liability or sharing common intention with co-accused did not arise in circumstances and prosecution remained unable to establish intention of accused to kill the deceased---Circumstances established that prosecution had failed to prove its case beyond shadow of doubt, benefit of which would resolve in favour of accused---Accused was acquitted in…

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