Law: Pakistan Penal Code, 1860

Section: 34,148,149,302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148, 149 & 34---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, common intention---Appreciation of evidence---Medical evidence---Scope---Complainant had stated that five bullets were inflicted upon the deceased by five persons, one shot to the chest, one shot to the right eye, one shot to the left eye and a shot each on the back---Eye-witnesses corroborated complainant's sequence of injuries---Contrary to the version of complainant and witnesses, the memo of inspection of the dead body showed four injuries on the deceased---Post-mortem report of the deceased showed thirteen fire arm injuries on the deceased and that only two bullets had entry and exit wounds whereas eleven had only entrance wounds---Medical Officer admitted to have recovered only one bullet and one pellet from the body of the deceased and had no explanation as to where the remaining ten bullets went---Pellet found from the body of the deceased was not corroborated by the eye-witnesses as the witnesses had stated that accused had fired from pistols---Medical evidence, in circumstances, did not corroborate the ocular version. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148, 149 & 34---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that six persons, (five known to the complainant) including the present accused and one unknown person armed with pistols and shotguns assaulted on the son of the complainant, who died on the spot---Ocular account was furnished by witnesses including the complainant---Eye-witness/ daughter of complainant deposed that at the time of incident, there were five persons, two on one motorcycle and three on another and no sixth person was present at the time or the place of incident---Said circumstances suggested that complainant attempted to throw the net wide just to implicate people in the crime without any evidence against them---Both the eye-witnesses had deposed that witness/daughter of complainant was present at the place of occurrence and she was an eye-witness---Prosecution witness / son…

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