Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324 & 337-F(v)--- Attempt to commit qatl-i-amd, causing Hashimah---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused had made firing through T.T. pistol upon the cousin of the complainant and caused serious injuries to him---Motive for the occurrence was an old enmity of harsh words exchanged between the accused and victim a month earlier---Case was registered by the complainant, who in his fard-e-bayan had mentioned that he was informed by his uncle through mobile phone that his son had been injured by the accused---Complainant appeared in the court and made some improvements and contradictions to his earlier deposition---Complainant in his examination-in-chief had failed to mention the source of information; he also failed to mention the exact time of occurrence as well as the time when he was informed about the occurrence---Record was silent as to why the FIR was not lodged either by the injured or by his father, when allegedly, the father of injured had reached at the spot and taken the injured to hospital prior to the complainant---Such fact created doubt about the presence of father of victim at the place of occurrence---Complainant, admittedly, did not witness the crime directly---Occurrence allegedly had taken place at about 9.40 a.m. and FIR was lodged at 10.30 a.m.---Complainant in his cross-examination had admitted that he reached hospital at 9.40 a.m. and thereafter went to Police Station at about 10.55 a.m.---If the complainant reached Police Station at about 10.55 a.m. for lodging FIR, then as to how the FIR was lodged prior to his arrival at Police Station and submitting his fard-e-bayan for lodging the FIR---Complainant remained silent about the motive part of the occurrence in his court statement, which also created doubt---Prosecution witness had disclosed the fact that he had not witnessed the crime directly and at the time when he reached at the place of occurrence, the victim was already in injured condition and he along with the father of injured took him to the hospital---Statement of another prosecution witness was similar to the statement of prosecution…

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