Law: Pakistan Penal Code, 1860

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

----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 the accused along with his co-accused persons made firing upon the complainant party, due to which brother of complainant died while nephew of complainant sustained injury on his right shin---Motive behind the occurrence was that deceased had to take seven mounds of wheat from accused and nephew of the complainant had restrained him from installing the electric pole---Prosecution's mainstay was on the testimony of complainant, brother of the deceased, injured witness, nephew of the complainant and cousin of the said witnesses---Said witnesses were closely related to each other as well as to the deceased---Record showed that the eyewitness had made consistent statement to that of injured but complainant had not supported injured in his examination-in-chief as he had not uttered a word with regard to the injury sustained by the injured---Said factor showed that complainant had not seen the occurrence with his own eyes and he had been planted and manoeuvred to depose against the accused---Complainant had not only failed to mention the injury sustained by injured but also mentioned that the accused was carrying a pistol 12-bore at that time instead of pistol .30-bore as narrated by the other claimed eye-witnesses---Complainant had claimed that they had shifted the dead body of the deceased within ten minutes from the place of occurrence to their house whereas Investigating Officer had stated that he visited the place of occurrence on the same day, examined the dead body there, prepared his injury statement and inquest report and escorted the dead body to the mortuary through Police Official---Scaled site-plan and the inquest report showed contradiction with regard to the shifting of the dead body from the place of occurrence wherein it was mentioned that the dead body of the deceased was lying at the place of occurrence---Complainant had claimed that the occurrence had taken place inside the house of the accused and the dead body of the deceased was lying in front of a room in…

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