Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Allegation against accused persons was that they committed murder of brother of complainant and other family members---Trial Court after recording statements of complainant and Investigating Officer, acquitted the accused persons under S.265-K Cr.P.C.---Validity---Admittedly, respondents/accused persons had not been directly charged in the FIR for commission of offence---Accused persons/respondents were named by the complainant in his supplementary statement recorded under S.164, Cr.P.C. before the Magistrate---No source regarding involvement of respondents/ accused persons in the commission of offence had been disclosed---No eye-witness had been brought on record by prosecution which could depict that the deceased were killed by the accused persons/respondents in his presence---Complainant was not eye-witness of the occurrence---Complainant exonerated the accused persons/ respondents from commission of offence by denying his supplementary statement nor he charged the accused persons for commission of offence in his court statement---Complainant had stated that accused persons were implicated by police at their own on the basis of suspicion---Investigating Officer admitted in his cross-examination that he did not find any eye-witness of the occurrence and further deposed that he had suspicion regarding involvement of accused persons in the offence as there were rumors in the area that accused persons had killed the deceased persons---Investigating Officer did not produce any person from the area who had allegedly conveyed such information to him---Accused persons had made no confession before the competent court---No incriminating article/weapon of offence had been recovered from the possession of accused persons or at their instance/pointation---Circumstances established that no ocular account or circumstantial evidence was available against accused persons and the case of prosecution was based on rumors and suspicion, which made the case of prosecution doubtful---Appeal…

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