Law: Penal Code (XLV of 1860)

Section: 302,447,109,34

(a) Penal Code (XLV of 1860)- ----Ss. 302, 447, 109 34---Qatl-i-amd, criminal trespass, abetment, common intention-Appreciation of evidence---Appeal against acquittal---Accused was charged that he and co-accused committed murder of brother of the complainant by firing---Record showed that the complainant was not an eye-witness of the occurrence---Prosecution produced two eye-witnesses who stated in their statements that the accused and co-accused made firing upon deceased, who succumbed to the injuries---Role attributed to the accused and co-accused was the same---Co-accused, who allegedly had caused injuries to the deceased, had been acquitted and there was no piece of evidence available against the accused, therefore, on the basis of same set of evidence the accused could also be acquitted of the charge---If two accused persons were alleged to have committed murder of the deceased and one of them had been acquitted of the charge on the basis of same evidence, then said evidence could not be believed to the extent of other accused for the reason that principle of falsus in uno falsus in omnibus would be applicable for deciding the case---Eye-witnesses, when were not believed to the extent of co-accused while applying the principle of falsus in uno falsus in omnibus the other accused could not be held guilty in the case---No doubt there was abscondance on the part of accused, yet abscondance by itself was not sufficient proof of guilt of accused, it ought to be corroborated by other supporting evidence, which element was missing in the present case---Circumstances established that the Trial Court arrived at the conclusion which was based on proper appreciation of the facts and law, thus did not need interference by the High Court---Appeal against acquittal was dismissed, in circumstances. Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142; Shahbaz v. The State 2016 SCMR 1763; Zafar v. The State and others 2018 SCMR 326; Haroon Shafique v. The State and others 2018 SCMR 2118; Altaf Hussain v. The State 2019 SCMR 274; PLD 2019 SC 527 and Haji Palio Khan v. Sher Baz 2009 SCMR 803 rel. (b) Appeal against acquittal--- ----Double presumption of…

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