Law:

Section: 302,460

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 460---Qatl-i-amd, persons jointly concerned in lurking house-trespass or house-breaking by night punishable for qatl or hurt caused by one of them---Appreciation of evidence---Benefit of doubt---Ocular account---Scope---Charge against accused was that he along with co-accused persons committed murder of the father of the complainant---Eye-witnesses including complainant had identified the accused and one of the co-accused at the time of occurrence---Ocular account of the occurrence had been furnished by the witnesses including complainant---Eye-witnesses had stated that on the relevant night, accused along with co-accused and acquitted accused persons trespassed in the house and his father was done to death as a result of fire shot made by co-accused---Said co-accused had already been done to death in a police encounter and he was no more in the case---Complainant in his statement recorded under S.154, Cr.P.C. and before the court had not disclosed about the availability of any source of light at the place of occurrence on the night of occurrence, through which he identified the accused---Same was the position of eye-witness, who had not disclosed the availability of any such source of light through which the accused was identified---Availability of source of light at the place of occurrence was not mentioned in the site plan---Record was silent as to how the eye-witnesses had identified the accused in the darkness of night---Presence of co-accused at the spot was shown in the site plan---Role ascribed by complainant and eye-witness to accused that he had grasped deceased when co-accused made straight fire shot with 12-bore gun on the right side of abdomen of the deceased itself raised doubt about his involvement---Fist Information Report showed that assailants were unable to snatch anything from the deceased as he had no money with him at the time of occurrence---Complainant introduced new facts and stated that the accused snatched money which was in possession of the deceased---Complainant had departed from his previous version and stated that accused had lifted the rifle from the room, but no such specific…

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