Law: Pakistan Penal Code, 1860

Section: 34,114,302,324

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129

Law: Criminal Procedure Code (V of 1898)

Section: 87,88,103,161,164,342,417

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 114 & 34---Qatl-i-amd, attempt to commit Qatl-i-amd, abettor present when offence committed, common intention---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing murder of sister of the complainant---Trial Court acquitted the accused---Record showed that ocular evidence produced by three witnesses including complainant, was inconsistent, contradictory and discrepant on material particulars, hence could not be relied upon against the accused---Circumstantial evidence produced by the prosecution was also effectively lacking the strength of independent corroboration---Medical evidence was not fully consistent with the ocular version---All the witnesses except Police Officials were close relatives inter se, hence, in the circumstances, it was unsafe to rely upon them---Record transpired that the alleged incident took place in cattle pen but the owner of said cattle pen had not been examined in the case to corroborate the version of the complainant party---Accused in his defence had examined a witness, who in his statement had denied that any incident had occurred in the cattle pen of his father---Said witness though cross-examined at length by the complainant but he could not be shattered---Contradictions between the statements under Ss.161, Cr.P.C. & 164, Cr.P.C. had been noticed---Pistol allegedly recovered from accused was notproduced before the complainant and witnesses during evidence to show whether the same was used in the commission of offence or otherwise---In the present case, complainant had failed to produce convincing and cogent evidence with regard to motive of the case---Post-mortem report of the deceased showed that no marks, or signs of manure, blood, particles of chaff of wheat were observed on the dead body, on its clothes nor on hair---Said aspect of the case led to inferencethat the incident had not taken place in the manner and at the place, as alleged by the prosecution---Circumstances established that trial court had rightly acquitted the accused persons through impugned , which was neither perverse nor arbitrary---Appeal against acquittal was…

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