Law:

Section: 147,148,149,302,302(b),324,337D,337-F(ii i)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-D, 337-F(iii), 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, causing jaifah, causing mutalahimah, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Ocular account, not supported by medical evidence---Prosecution case was that the accused and co-accused persons duly armed made firing upon the complainant party, due to which, one person died and four were injured---Motive behind the occurrence was dispute over a Forest---Record showed that place of occurrence was near the houses of accused party whereas the houses of complainant side were situated at a distance of 700/800 meters however, their flour mill was situated in the same vicinity---Presence of the accused and co-accused persons at the place of occurrence could be justified but the flour mill was not operative at the relevant time---Record showed that role attributed to accused was that he had fired at the injured, as a result whereof he sustained injury on the back of his right arm---Medico-Legal Report of the said injured showed that the wound was of the same size sustained by other injured though crime empties of different bores had been recovered from the spot---Said factor created doubt that the firing was made by one person; several persons of the accused party having been charged, therefore, mala fide on the part of the complainant could not be excluded---Medical Officer, who examined the injured, had stated that he was on duty for 24-hours on the relevant day---Record transpired that Medical Officer was on duty for 24 hours on that particular day but failed to specify the name of the Medical Officer at where place he was there---Non-recovery of bullets from the body of the injured from 2-cm deep wound was the fact which created a serious doubt regarding the genuineness of the medical report---Record showed that at the time of medical examination, the deceased was talking and was capable of giving statement but his statement was not recorded by police---Accused party including accused who were seven in number had been charged for causing indiscriminate firing with…

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