Law: Pakistan Penal Code, 1860

Section: 148,302(b),324

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Chance encounter--After evaluating evidence available on record High Court had concluded that case in hand was a case of chance encounter and there was no common intention or sharing of common object between culprits leading to individual liability of each and every accused person--It is not denied that appellant had not caused any injury to PW1 and only role attributed to him was that of causing a firearm injury to deceased on his lower back--In absence of any source of light at spot it was inconceivable that eyewitnesses could see and identify each and every injury caused by different accused persons and could see locale of third fire being received by deceased at hands of culprits--In this backdrop attribution of a specific injury to deceased having been caused by appellant was a claim too tall to be accepted--Post-mortem examination of deadbody of deceased had been conducted after about 19 hours of occurrence giving rise to an inference that time had been consumed by complainant parry and local police for deliberations and for spreading of net wide so as to falsely their adversaries--Two co-accused of have already been acquitted by courts below--Two of culprits who had opened assault and had statedly caused specific injuries to deceased on his back had made themselves scarce and were declared Proclaimed Offenders--Appellant was not directly connected with motive set up by prosecution and nothing had been recovered from his custody during investigation--For whatever its evidentiary value, investigating agency had declared appellant innocent--In this peculiar backdrop it could not have been concluded by courts below that prosecution had succeeded in proving its case against appellant beyond reasonable doubt. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 324--Conviction and sentence--Challenge to--On appeal he was acquitted and high Court reduced his sentence--Causing of a firearm injury by Respondent No. 1 to deceased on his back was an allegation which did not stand substantiated beyond reasonable doubt--Deceased had received…

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