Law:

Section: 34,109,302

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 34 & 109---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-amd, common intention, abetment, withholding of evidence---Appreciation of evidence---Benefit of doubt---Ocular account was not proved---Prosecution case was that complainant along with his son and three nephews went on two motorcycles to another city for purchasing groceries---Accused persons armed with Kalashnikovs, emerged and started firing on the complainant party, resultantly, son and nephew of complainant died---Crime was committed by the accused party due to 15/20 years old enmity between the parties---Ocular account was furnished by two witnesses including complainant---FIR showed that the purpose of sojourn of the prosecution witnesses and the deceased to other city was business and purchase of groceries/eatables---Witnesses in their statements did not mention anything about business---Nothing had come in evidence as to why the other three men went there---None of the witnesses produced the purchased items before the police during investigation---Prosecution's case was that prosecution witnesses and deceased were on two motorcycles---Second motorcycle was neither taken into possession by the police nor it was produced during the trial---Prosecution had stated that accused persons made indiscriminate firing with their Kalashnikovs, which killed two persons---Eye-witnesses who were just 100 yards behind the deceased persons did not sustain even a minor injury---One eye-witness who was about 25 years old was stated to be a school student, he used to go to school regularly but absented himself only on the day of occurrence---Such statement about the eye-witness lacked credibility for the reasons that 25 years old person would be a college going and not school student---Prosecution had not produced any school certificate/attendance register to prove said fact---Prosecution had alleged that one deceased was driving motorcycle and other deceased and witness were seated behind when accused persons attacked them---Deceased, driving the motorcycle was hit in the first instance and he fell down while the pillion riders ran backwards to save their…

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