Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 460, 148, 149 & 120-B---Qatl-i-amd, persons jointly concerned in lurking house-trespass or house-breaking by night punishable for qatl or hurt caused by one of them, rioting armed with deadly weapon, unlawful assembly, criminal conspiracy---Appreciation of evidence---Benefit of doubt---Prosecution case was that five unknown masked assailants, variously armed, entered into the house of complainant, made firing upon family members of the complainant, due to which, husband and two sons of complainant died at the spot---No motive was cited in the crime report, however, occurrence was committed on account of a preconcert conspiracy---Complainant had stated in the witness box that after recording of complaint, her daughter and father went to bring a doctor when they once again came across the accused without masks along with sixth accused---Said sixth accused was standing with a pistol in the lane---Circumstances suggested that it was inconceivable as to why the two witnesses would go out to fetch a doctor when all the deceased were allegedly had succumbed to the injuries at the spot---After arrival of police at the spot, sixth accused would have remained present outside in the lane with a pistol in his hand, which was again difficult to believe---Prosecution witness deposed that he and other witness, given up, had seen the assailants---Record revealed that emergence of the said witnesses at the crime scene was a coincidence which seldom occurred---Circumstances suggested that there was no occasion for the accused persons to expose their identity to the witnesses when according to the prosecution, they had committed the crime surreptitiously, and thus, claimed by witness that they had conversation with the accused, required a pinch of salt---Witness had claimed to have heard the hue and cry and, thus, attracted to the crime scene---Said witness was related to the complainant as well as her father and the tenor of testimony suggested that if at all believed that he had seen the accused before arrival of police, he would have disclosed it to complainant---Said facts would have found mention in complaint---Entire exercise…

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