Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(ii), 337-F(i) & 34--Qatl-i-amd, shajjah-i-mudihah, damiyah, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused-appellants along with co-accused persons armed with deadly weapons made a straight fire hitting deceased persons---One of the accused gave multiple butt blows on the person of wife of one victim---Both the male victims succumbed to the injuries at the spot---Motive for the crime was that the accused-appellant was in occupation of ancestral land in excess of his share and both the deceased asked for their due share---Ocular account was furnished by complainant and injured---Record showed that investigative conclusion did not support the prosecution case set up in crime report as three co-accused had been exonerated during investigation---Co-accused/appellant had been independently convicted and sentenced for a fatal shot to one of the deceased---No weapon of crime was recovered as he was exonerated during investigation---Hypothesis of his innocence could not be brushed aside, as it was otherwise inconceivable that a father would let his son to join him in a pursuit with horrendous consequences when he himself could have accomplished the task---After departure of three out of four accused from the scene, accused-appellant could not be possibly convicted and sentenced without independent corroboration---Recovery of pistol from the accused was inconsequential in view of dispatched subsequent to his arrest---Accused was not assigned any harm to one of the deceased and thus, could not be convicted and sentenced in isolation with his co-accused---Alleged motive was not exclusively focused upon the accused, therefore the same could not be pressed into service as corroboration---Prosecution case was found fraught with doubts against co-accused/appellant, inexorable placed in the identical position, it could not be used against the accused-appellant on the ground that he had factually participated in the occurrence---Circumstances established that there was no independent corroboration against the accused/appellants, which created doubt in the prosecution case,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492