Law: Pakistan Penal Code, 1860

Section: 34,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 103,169,173,340(2),342,374,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of the deceased and also firing on complainant party with intention to kill them---Motive behind the occurrence was illicit relations of deceased with the lady of the accused family---Complainant had stated that the accused opened fire and murdered the deceased---Complainant and other two witnesses though related to the deceased but their statements were quite in line to each other---Prosecution had produced an independent witness and no malice had been attributed to him for deposing against the accused persons---Almost all the prosecution witnesses were unanimous that both the accused persons were united in common intention and committed the murder of the deceased after a pre-concert---Witnesses had stated that both the accused persons were present at the place of occurrence and came there in a car, which was later on taken into custody during investigation on the pointation of co-accused---Some discrepancies were noticed in the site plan but those were because of lack of professional skill of the Investigating Officer of the case---Complainant could not be penalized for any act of Investigating Officer---Evidence of Medical Officer, who conducted post-mortem on the dead body of the deceased, was quite in line with the ocular evidence---Injuries mentioned in inquest report coincided with the injuries mentioned in post-mortem---Complainant was not eye-witness of the occurrence, therefore, any omission in the FIR would not damage the case of prosecution---Presence of the independent witness had not been seriously challenged by the defence---Statements of witnesses were dent-free and natural---Minor discrepancies owing to the lapse of time coupled with the retaining capabilities of one's mind and the wear and tear in one's faculties for one reason or the other might have their way into the statement of witnesses---Motive in the present case was established and it had not been challenged by the defence in any manner---Eye-witnesses although related…

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