Law: Pakistan Penal Code, 1860

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

Law: Criminal Procedure Code (V of 1898)

Section: 22A,340(2),342,374,540,543,544A

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

Section: 3,59

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons and unlawful assembly---Appreciation of evidence---Benefit of doubt---Interested witness---Chance witness---Prosecution case was that accused persons killed two persons and injured two others---Occurrence was witnessed by four persons out of whom two witnesses appeared during trial, whereas remaining two were given-up---Both given-up witnesses had received firearm injuries during the occurrence, whereas the other two witnesses had escaped unhurt---Witnesses who had appeared during trial were related to the deceased being father and maternal uncle---Eye witnesses had extremely strained relations with the accused persons---Complainant was inimically placed against appellants and such aspect made him a partisan or interested witness---Crime scene was situated at a distance of 3 kilometers from the place of abode of both the eye-witnesses---Complainant admitted during cross-examination that the second witness and his family had arrived at his house to celebrate the function of his daughter's marriage which continued till late night---Presence of both witnesses at a distance of 3 kilometers and that too in a cattle shed for guarding animals appeared to be a laboured story to justify their presence at place of occurrence---Acclaimed presence of both eye-witnesses was not out of their routine, rather was a sheer coincidence---Both eye-witnesses remained unhurt in the occurrence, wherein two persons had lost their lives and other two were injured by the common enemies---Eye-witnesses, in the absence of confidence inspiring explanation, were held to be chance witnesses and their testimonies were termed as suspect evidence---Said factors gave rise to a reasonable doubt, benefit of which could not be withheld from the appellants---High Court acquitted the appellants of the charge and set aside their conviction and sentence, in circumstances---Murder reference was answered in the negative. Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142 rel. (b) Criminal trial--- ----Partisan witness---Interested…

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