Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-Amd--Acquittal of co-accused--Reappraisal of evidence--Suspicion alone to sustain the charge--Benefit of doubt--Acquittal of--Co-accused; they had been assigned joint role of firing on the deceased--In the absence of any specific motive no distinction can be possibly drawn so as to distinguish--Even obliquely appellant's case from his co-accused--Not assigned any harm to the deceased or the witnesses--Acquitted co-accused, firing side by side, does cast a dark shadow upon prosecution's case--Issue of identity assailants during the fateful night; improbability of witnesses' detour preceding assault and arrival exactly at a point of time when firing commenced--Human incapacity to capture minor details in an extreme crises situation involving no less than eight persons and lack of motive etc.--These are squarely applicable to the case of present appellant and draw any distinction or take a different view--Appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Muhammad Akbar and his three sons, namely Qasim Ali, Mubashir Hussain and Nazeer Hussain were done to death at 9.30 p.m. on 20.6.2004 within the remit of Police Station Kunjha, District Gujrat. Incident was reported by Amjad Ali, PW who escaped assailant's wrath as according to him he alongside his mother and maternal uncles arrived at the scene just when the family was being given blood bath. It is prosecution's case that the complainant and his mother had visited Muhammad Anwar and Muhammad Akbar, later's real brothers to settle certain family differences and it was after reconciliation that the witnesses returned home together. Shewaiz Rasool, the present appellant, alongside Shahid Afzaal and Muhammad Rafi co-accused, armed with automatic weapons, were blamed to have targeted the deceased with multiple shots. Khawar Ali, Qamar-uz-Zaman, Muhammad Luqman, Muhammad Boota and Asad Ullah, differently armed were also alleged to have resorted to firing. The witnesses viewed the occurrence in electric bulb light; motive is conspicuously absent in the crime report. 2. The appellant stayed away from law, while remainder were tried…

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