Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Penal Code (XLV of 1860)--- ----Ss. 34 & 302(b)---Criminal Procedure Code (V of 1898), S. 417(2)---Qatl-i-Amd---Appeal against acquittal---Appreciation of evidence---Common intention---Proof---Interested witnesses---Benefit of doubt---Complainant was father of deceased who was allegedly stabbed by accused persons---None of ocular witnesses attributed any injury to accused persons and all prosecution witnesses admitted that accused persons were empty handed---All ocular witnesses were close relatives despite as per witnesses that independent persons were also present on the spot---Although it was not necessary for prosecution to record statements of independent witnesses but to avoid false implication and safe administration of justice prosecution was to have recorded statements of independent witnesses---Entire prosecution would have established fact that accused persons were present at relevant time and mere presence at spot itself was not a connect to crime---Occurrence was not premeditated and suddenly took place but prosecution failed to establish through incriminating evidence with regard to common intention of accused persons to commit murder of deceased---High Court declined to interfere in order of acquittal passed by Trial Court as same was neither arbitrary nor contrary to evidence brought on record---Appeal was dismissed in circumstances. Muhammad Ameer v. Muhamamd Imran 2017 MLD 1263 and Zaheer Sadiq v. Muhamamd Ijaz 2017 SCMR 2007 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.--- This judgment disposes of Criminal Acquittal Appeal No. 222 of 2016 filed by the appellant, Atta Muhammad son of Musa Khan, against the judgment dated 16th May, 2016 hereinafter referred to as, ("the impugned judgment") passed by the learned Additional Sessions Judge-III, Quetta, hereinafter referred to as, ("the trial Court"), whereby the accused/ respondent Nos. 1 and 2 were acquitted of the charge. 2. Facts of the case are that on 22nd July 2012, the appellant/complainant lodged FIR No.92 of 2012 at Police Station Shalkot, Quetta under Sections 302, 34, P.P.C., stating therein that on the aforesaid date the complainant was at his home, when he heard…

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