Law: Pakistan Penal Code, 1860

Section: 34,161,302(b),324,337-F(v)

Law: Prevention of Corruption Act, 1947

Section: 5(2)

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

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,340(2),342,544(A)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing hashimah, common intention---Appreciation of evidence---Record showed that the incident took place on 21.6.2016 at 9.45 p.m. and the same was reported to the police by complainant by way of recording his statement under S. 154, Cr.P.C. at 11.15 p.m., in consequence of which crime report was lodged at 11.35 p.m.---Initially the crime report was lodged against two unknown accused and the present accused was not named therein in any capacity---Subsequently, accused was substituted in place of one of the two accused persons, who was driving motorbike and except the role of driving motorbike, no other attribution was specified against the accused in the crime report---No descriptive features of the person who was driving motorcycle were mentioned in the crime report---Crime report, in such circumstances, did not render any sort of corroboration to the case of the prosecution against the accused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing hashimah, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that two persons, on motorcycle without number plate, intercepted complainant party and the pillion rider, with his pistol .30-bore shot at companion of the complainant, landed on his left shoulder and shin of his left leg, whereas one of the bullets also hit the lady on her right foot---Both the injured persons were shifted to the hospital where one of the injured succumbed to the injuries---Ocular account was furnished by the complainant and injured lady, which showed that both the said witnesses departed from their earlier version twisting the facts while appearing in the witness box before trial court---Earlier statements of the complainant as well as injured witness recorded under Ss. 154 & 161, Cr.P.C. were absolutely silent about reason behind the occurrence---In order to naturalize the story incorporated in crime report and also to point out some mense rea of the incident, both the said witnesses improved their version while…

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