Law: Pakistan Penal Code, 1860

Section: 34,302,324

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused along with absconding accused, duly armed with Kalashnikovs, emerged on the spot and started firing at them, as a result of which, son of complainant died---Complainant and his other son escaped unhurt---Ocular account of the occurrence had been furnished by the complainant and his son---Record showed that complainant had a old tyres shop, which was run by his sons---Complainant (father), in routine did not normally go with his sons to the shop he was, therefore, a chance witness and his explanation regarding his presence at the time of occurrence was not satisfactory, motive of the occurrence was directly relatable to the complainant, because he had allegedly committed the murder of father of absconding accused, as to why the complainant was spared and the deceased was done to death was not under standable---Son of complainant/witness, during cross-examination, stated that he could not tell as to whose fire hit the deceased---When the eye-witness could not identify the person who fired at the deceased beyond 10/15 paces, how the accused could be identified from a distance of 54 paces---Possibility, in circumstances, could not be ruled out that the accused being maternal uncle of the absconding accused had been implicated on the strength of his relationship and enmity with the absconding accused---Eye-witnesses were interested witnesses and inimical to the accused and their statements, did not inspire confidence, capital punishment could not be awarded to the accused in circumstances---Statement of complainant and FIR showed the place of occurrence was a thoroughfare near a shop, while in the site-plan, the deceased and the eye-witnesses had been shown in a field---Disparity of place of occurrence in the FIR and in the site-plan manifested that the complainant and the eye-witnesses were not present at the relevant time---Such circumstances had created doubts in the prosecution case, benefit of which, would resolve in favour of accused---Accused was acquitted…

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