Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/34--Qatl-i-Amd--Reappraisal of Evidence--Participation of number of accused--Investigation of unworthy of reliance--Benefit of doubt--Acquittal of--An internecine feud is long raging between the two sides facing each other in and outside the Courts and in this backdrop, appellants' culpability, warrants a cautious judicial scrutiny--Huge loss of lives and receipt of multiple injuries by the witnesses are confirmed by those who miraculously endured the assault--Their presence at the crime scene cannot be doubted--Whether they are telling the whole truth is an issue altogether different--Participation of a large number of accused, each armed with automatic weapon, to take the victims by surprise is really intriguing--Investigative conclusion and earlier adjudications reinforce the hypothesis of a wider net and each nominee would inherently be fraught with suspicion--Seizure of two types of empties during spot inspection unmistakably suggests number of assailants--The witnesses were found unworthy of reliance--Injuries suffered by them are not passports into the realm of truth--Evidence of prosecution's witnesses cannot be pressed into service to sustain the charge, similar on all fours--Prosecution is also failing on investigative and forensic sides--Appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J---.--- Through leave of the Court, impugned herein is High Court's judgment dated 17.2.2015 whereby appellants' convictions recorded by the trial Court have been affirmed, albeit with alternation of death penalties into imprisonment for life. 2. Appellants, namely, Tariq Shah, Makhdoom Hussain and Fayyaz Shah have been arrayed as accused alongside Saqib Shah, Husnain Shah, Abbas Shah, Aoun Shah, Ali Hassan, and Ali Hussain on the complaint of Syed Ahad Haider Shah for committing qatl-e-amd of Ghulam Abbas Lak, Sammar Ali Shah and Qamar Ali Shah besides murderous assault upon Muhammad Naveed, Muhammad Ashiq, Muhammad Adil and Shahzad, PWs at 8.45 a.m. on 12.10.2009 within the remit of Police Station Civil Lines, Faisalabad. According to the prosecution, on the fateful day, arrived at the…

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