Law: Penal Code (XLV of 1860)

Section: 302,324,34

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

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Non-holding of identification parade---Effect---Prosecution case was that the accused persons made firing upon the brother of complainant, who died whereas two other persons sustained injuries due to said firing---Record showed that FIR was lodged against unknown persons and neither the names of the accused/appellants had been mentioned in the FIR nor even their descriptions had been narrated by the complainant or injured witness---Identification parade of the accused was very much necessary in circumstances---Non-holding of identification parade, was fatal to the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification parade---Scope---Holding of identification parade would become mandatory if names of culprits were not mentioned in the FIR. Nazir and 2 others v. The State 2018 Cr.LJ Note 14 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Non-conducting of post-mortem examination---Effect---Prosecution case was that the accused persons made firing upon the brother of complainant, who died whereas two other persons sustained injuries due to said firing---Record showed that Medical Officer issued death certificate, however, no post-mortem examination was conducted on the dead body of the deceased---No plausible explanation had been furnished for not conducting post-mortem examination---In the absence of post-mortem report, it could not be ascertained as to what nature of injuries were sustained by the deceased and with what kind of weapon such injuries were caused, so also the cause of death of the deceased could also not be ascertained---Medical Officer, who had issued death certificate, had also not been examined by the prosecution---Non-conduct of…

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