Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Two persons were charged for murder of the deceased, but with no specific role---Complainant himself was not an eye-witness of the occurrence, but prosecution witness had informed him about the occurrence---Medical evidence was not supporting ocular version of the prosecution witnesses---Suppression of two injuries by the complainant as well eye-witnesses, had created serious doubt regarding the credibility of the witnesses---Prosecution witness had stated that firing was made inside the gate, but no empty was recovered from the courtyard of the house---Occurrence had not taken place in the manner and mode as alleged by the prosecution; thus no implicit reliance could be placed on the ocular evidence---Alleged recovered empties remained lying in "Malkhana" for sufficient time, and same were not sent to Forensic Science Laboratory, in order to ascertain as to whether same were fired with one weapon, or otherwise---Even the persons, who produced the weapons in questions to the Investigating Officer, were not produced before the Trial Court---Forensic Science Laboratory is Report, even if was positive, was of no avail to the prosecution in circumstances---Substantive piece of evidence in the shape of ocular account, having disbelieved, no conviction could be based on abscondance of accused alone---Site plan, medical evidence and motive did not corroborate prosecution version---Ocular testimony, was not confidence inspiring, in view of major inconsistency between the ocular and medical evidence---Prosecution having failed to prove the guilt against accused beyond any shadow of doubt, conviction and sentence awarded to accused, was set aside, they were acquitted of the charge, and were set free, in circumstances. Barkat Ali v. Muhammad Asif and others 2007 SCMR 1812; Abdul Subhan v. Raheem Bakhsh PLD 1994 SC 178; Muhammad Iqbal v. Abid Hussain alias Mithu and 6 others 1994 SCMR 1928 and Rohtas Khan v. The State 2010 SCMR 566 rel. (b) Criminal trial--- ----Witness---Credibility of witness---Real test for acceptance of statement of witness was as to whether…

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