Law: Pakistan Penal Code, 1860

Section: 148,149,300,302,302(b)(c),324

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B,417,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with weapon, unlawful assembly---Appreciation of evidence---Prosecution case was that accused party while armed with deadly weapons assaulted on the complainant party, made firing upon them, due to which, brother of complainant died and two person sustained injuries---Motive behind the occurrence was that two days prior to the occurrence a scuffle took place between accused party with the deceased upon damaging the crops---Accused persons had nourished grudge and they after consultation with each other committed murder of deceased and caused injuries to two persons---To prove the ocular account, prosecution had produced three witnesses comprising complainant and injured persons---Complainant and both the injured witnesses were in agreement to the fact that it was the present accused-appellant, who, while armed with 12 bore gun/pump action made fire shot which landed on neck of deceased---Medical evidence lent support to the allegation levelled by the prosecution as well as firearm injury sustained by the deceased---All the three witnesses successfully faced the test of cross-examination and nothing came on record which could illicit the veracity and integrity of their depositions to the extent of role played by the present accused-appellant---No other material discrepancies were found in their statements---Said witnesses remained consistent during the course of cross-examination while deposing before the Trial Court regarding culpability of the accused-appellant---Eye-witnesses/injured, who had stamp of injuries on their person, also get support from the evidence of Investigating Officer, who prepared their injury statements soon after the occurrence and also by the Medical Officer--- Circumstances suggested that ocular account furnished by the prosecution was trustworthy and worth reliance---Record transpired that two persons from accused side had also received injuries in the incident---Prosecution had totally suppressed those injuries while lodging the crime report and even while deposing before the trial Court---Both the said injured…

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