Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),324,427

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/427/34--Conviction and sentence--Challenge to--Contradiction in ocular and medical evidence--Co-accused were acquitted on same evidence--Appreciation of evidence--Benefit of doubt--Acquittal of--Appellant fired with his rifle, which hit the back side of neck of deceased while co-accused(acquitted) fired which hit the injured PW--Both ocular account witnesses made material improvements and they were confronted with their statements recorded by the Police--Co-accused who was attributed a firearm injury on the person of injured PW was acquitted--The ocular account is not fully supported by the medical--In FIR only one injury on the deceased while in the post-mortem examination report two firearm injuries were observed--Recovery of the weapons is not of much help to the prosecution because report of the FSL to the effect that rifle 222 bore was in working order--Alto car was taken into possession on the pointation of acquitted co-accused, therefore, the said recovery cannot be used against the appellant--As a sequel of the reappraisal of evidence, there was no justification for the learned appellate court to award imprisonment for life and it was an open and shut case of acquittal--Appeal is allowed. Improved statement-- ----When a witness improves his statement and moment it is observed that the said improvement was made dishonestly to strengthen the prosecution, such portion of his statement is to be discarded out of consideration. Acquittal of Co-accused-- ----Co-accused who was attributed a firearm injury on the person of injured PW was acquitted, if his testimony was not believed to the extent of the injuries on his person, the same deserves to be discarded out of consideration to the extent of the role assigned to appellant. Abscondance-- ----The report on the warrants of arrest did not contain name of any person from the neighbourhood or any respectable person of the locality. Therefore, no corroboration can be sought from such absconcion. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, J.- Muhammad Arif (appellant) along with his co-accused namely Muhammad Javaid and Babar Irfan faced trial before a…

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