Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,374,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, made firing thereon, as a result of firing three persons died---Motive for the occurrence was stated to be previous enmity---Record showed that prosecution case revolved around the statements of three witnesses including complainant---Said witnesses also stated the motive of the occurrence---Witnesses were brothers inter se and their relationship with the deceased was also on record---During cross-examination, complainant had admitted the existence of enmity and stated that there was allegation on them that they had committed the murder of nephew of the accused and a criminal case was registered against them---Statements of said witness showed that the accused were at a distance of about 1 karams when they were firing indiscriminately and all the witnesses and the deceased persons were face to face with the assailants at that time---Perusal of the scaled and un-scaled site plans revealed that the occurrence took place on an open road---Witnesses had stated that the common object of the accused was that no one of the family of the deceased should escape---Said three witnesses were supposed to be the prime targets of the assailants---Statement of complainant showed that it was he who had deposed against the accused persons---In fact, all the three witnesses had been vigorously pursuing the case against the accused---Said witnesses had been nominated as accused in the case relating to the murder of nephew of the accused---Said witnesses had stated that all the accused were armed with rifles and neither there was any dearth of ammunition nor of intent and opportunity---Prosecution witnesses were not fired at---One of the witnesses had admitted in his cross-examination that all the witnesses were facing the accused at the time of the firing being made by them---Record transpired that none of the said witnesses even received a single scratch…

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