Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S. 512---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Statement of relevant fact by person who was dead or could not be found was relevant---Recording of evidence in absence of accused---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Prosecution case was that accused along with co-accused persons had assaulted on complainant and his brother, made firing with their pistols, as a result brother of complainant got hit and died on the spot while complainant escaped unhurt---Motive for the incident was money dispute between co-accused and deceased---Complainant and his brother were stated to be eye-witnesses of the incident---All the three accused went into hiding and resultantly proceedings under S. 512, Cr.P.C. were initiated against them, wherein, statements of eye-witnesses were recorded---Complainant of the case had died and his brother/eye-witness was also not traceable---Legal heirs of the deceased had not appeared on behalf of the complainant's side---Record showed that none of the eye-witnesses appeared before the Trial Court against the accused---Prosecutor had moved application for transferring the statements of eye-witnesses recorded during the course of proceedings under S. 512, Cr.P.C. on the ground that their attendance could not be procured---Said application was accepted and statements of eye-witnesses were transferred to the file of the case---First Information Report showed that deceased was fired at by all the three accused persons with their respective pistols but medical evidence showed that the four wounds sustained by the deceased were of same dimensions (1.5 x 1.5)---Similarity dimensions of the wounds showed that firing at the deceased was one person's job---Investigating Officer had collected two empties of 30-bore pistol from the spot and sent the same to Forensic Science Laboratory for ascertaining whether same were fired from one or more weapons---Report of Forensic Science Laboratory showed that both the crime empties had been…

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