Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons assaulted on the complainant party and made firing upon them, due to which two persons died, while three injured---Ocular account was furnished by the injured persons including complainant---Record showed that wife of prosecution witness gave birth to a baby girl three months prior to the occurrence, but refusal of her father-in-law/deceased to allow her to visit her parents, annoyed the accused persons and co-accused and that served as a motive for the crime---Position taken by accused (since dead) that her daughter was placed under restraint by her in-laws in a room bolted from outside and having found his daughter in a miserable condition he attempted to rescue her when a situation ignited by the deceased side, would merit a thoughtful consideration---Record transpired that seven persons had been arrayed by their names accompanied by 3/4 unknown assailants, each was shown to have carried .12-caliber weapon---Entire family of the accused party was in the dock---Deceased as well as the injured received pellet injuries, most certainly through fire shots by a .12-caliber weapon---Casting of wider net was seemingly not unrealistic inasmuch as it appeared extremely improbable that the entire clan would senselessly jump into a situation which every single of them could have independently tackled so as to achieve desired results, if any---Forensic Report showed that nine empties were found wedded with gun recovered on the disclosure of deceased accused and, thus, possibility of participation by accused persons could not be hypothesized through any contemplative mode without potential risk of error---Accused persons had no earthly reason to undertake extra burden when accused (since dead) had already neutralized his targets with nine fire shots from his semi automatic gun---Medical examination, though belatedly conducted on deceased accused and injured accused unambiguously confirmed receipt of injuries by them with durations in terms of point of time corresponding with the occurrence; though…

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