Law: Penal Code (XLV of 1860)

Section: 212,353,427,149,337-A(i),337-F(i)

Law: Criminal Procedure Code (V of 1898)

Section: 342,103

(a) Penal Code (XLV of 1860)--- ----Ss. 212, 353, 427, 149, 337-A(i) 337-F(i)---Criminal Procedure Code (V of 1898), Ss. 342 103---Harbouring offender, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees, shajjah-i-khafifah, damiyah---Examination of accused---Appreciation of evidence---Benefit of doubt---Non-association of independent witnesses---Contradictory statements of witnesses---Scope---Prosecution case was that the police party raided the otaq (communal guest house) of co-accused on advance information to arrest the absconding accused along with his companions but the accused persons fired upon the police party---Absconding accused though sustained injures but he was taken away by his companions and the others were arrested by the police---Police did not associate any private person, though the place of receiving spy information and place of incident were thickly populated areas---Otaq of co-accused consisted upon one room with one door where the accused persons were sitting but still the absconding accused was taken by his companions and the police remained silent spectators---Neither blood stained earth was secured from the room nor marks of firing were found at the walls and door of the otaq---Incident occurred at 2200 hours, FIR was lodged at 2330 hours but the medical certificates of the injured persons showed their arrival in the hospital at 11:00 pm, which was contradictory and did not corroborate the prosecution case---No question regarding medical evidence was put to the accused in their statements under S.342, Cr.P.C., hence medical evidence could not be used against them---Evidence of police officials was already disbelieved by the court with regard to recovery of unlicensed pistols from the accused persons---Several contradictions existed in the evidence of prosecution witnesses with regard to distance of place of information, distance of firing and the manner in which the alleged incident had occurred---Prosecution had failed to bring home the guilt of the accused beyond reasonable doubt---Revision application was allowed, in circumstances. Muhammad Zaman and…

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