Law:

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

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 109, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Withholding of best evidence---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party assaulted on complainant party with firearms, due to which, three persons died and one received injuries---Motive behind the occurrence was previous incidents in which brother of accused received injuries, while brother-in-law of co-accused was murdered and cases were registered against the complainant party---In order to prove its case, the prosecution had produced eight witnesses including complainant and injured---Record showed that occurrence took place at about 1.00 p.m. and application for registration of FIR was presented by complainant before the Investigating Officer at 3.40 p.m., who was present in the area of concerned police station in connection with patrolling duty---Investigating Officer forwarded the application to police station through Police Official for the purposes of registration of FIR---Said Police Official was not produced by the prosecution before the Trial Court---Non-appearance of said Police Official as a witness had caused a dent in the case of prosecution---Record showed that complainant was an illiterate villager and the application was drafted by the son of injured, who was not produced as a witness---Record transpired that six assailants participated in the incident which resulted into death of three persons and firearm injuries to one person---Two assailants filed appeal, two were acquitted by the Trial Court, while the remaining two were initially declared as proclaimed offenders but subsequently, became victim of extrajudicial killing---In addition to said six assailants, three other persons were also implicated in the case on the charge of abetment, but were acquitted by the Trial Court---In order to bring home the guilt of the accused nominated in the crime report, three witnesses including complainant and injured appeared in the witness box---Record showed that two acquitted accused…

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