Law: Pakistan Penal Code, 1860

Section: 34,80,302(b),318,319

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 319, 34 & 80---Qatl-i-amd, qatl-i-khata, common intention, accident in doing a lawful act---Reappraisal of evidence---Accused and co-accused allegedly murdered the deceased---After a regular trial accused and co-accused were convicted by the Trial Court for an offence under S. 302(b), P.P.C. read with S. 34, P.P.C. and the accused was sentenced to death whereas the co-accused was sentenced to imprisonment for life---On appeal the High Court acquitted the co-accused whereas conviction of accused was converted from one under S. 302(b), P.P.C. to that under S. 319, P.P.C. and he was sentenced to rigorous imprisonment for five years and to pay Diyat to the heirs of the deceased---Held, that only eye-witness of the murder was none other than the complainant---According to the complainant there had been repeated exchange of hot words between the deceased and the complainant on the one hand and the accused party on the other and, thus, it was unlikely that the complainant and the deceased would go with accused to his house---First Information Report (FIR) in respect of the incident in issue had not been lodged at the police station giving rise to an inference that the same had been lodged and registered after deliberations and preliminary investigation---Record of the case showed that some stranger had informed the police about the occurrence and that stranger had never been identified or produced during the trial---Investigating officer of the case appearing before the Trial Court had stated that till 6.30 p.m. on the day of occurrence, day the complainant party was not in a position to name any culprit---Said investigating officer had gone on to state that the complainant had maintained before him that he would lodge an FIR after consulting with his relatives---In view of the allegations levelled in the case if the murder in issue was a deliberate and calculated murder then the complainant would not have been spared by the accused party---Story set up by the prosecution seemed unbelievable because according to the said story co-accused had held the deceased at a time when the accused was firing at the deceased, and…

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