Law:

Section:

(a) Criminal trial--- ----Each criminal case has its own peculiar facts and circumstances and same seldom coincided with other, therefore, cannot be evaluated/weighed on judicial parlance with similarity. (b) Criminal Procedure Code (V of 1898)--- ----S. 161--- Supplementary statement--- Scope--- Supplementary statement is always seen with suspicion until and unless it is corroborated/supported by independent facts and circumstances floating on the record. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 380, 411 & 34---Qatl-i-amd, theft in dwelling house, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that during the course of dacoity in the house, brother of complainant was fired at by the assailants, who died, while currency amounting to Rs. one lac and five tolas golden ornaments were also missing---Ocular account of the occurrence had been furnished by tenant of the deceased---Said witness claimed that he along with his brother woke up early in the morning for fajjar prayers and they had minutely witnessed both the accused while talking to each other and subsequently on the asking of lady accused, co-accused made fire shot on the deceased and he was facilitated by co-accused in fleeing away from the scene of occurrence---Said witness along with his brother were most natural/independent witnesses of the occurrence; however, they were not cited as witnesses in the FIR despite the fact that they were tenants in the house and their landlord was murdered by the assailants in their presence---Said witnesses were not joined into proceedings qua preparation of inquest report---Record revealed that when the dead body was being evacuated to mortuary, tenants joined the proceedings---Said fact straightway hit the prosecution case---Witness of waj-takkar stated that when he was going to offer his Fajjar prayers in the nearby mosque, he had seen co-accused holding pistol while fleeing away from the scene of occurrence---However, it had come on record that said witness was resident of a colony and two Masjids were situated at a distance of half kilometre from his house while place of occurrence…

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