Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of son of complainant---Motive behind the occurrence was stated to be an exchange of hot words, over a dispute of passage, which took place few days earlier, between the deceased and the accused---Ocular account in the present case had been furnished by complainant and a eye-witness---Record showed that neither the complainant nor any other witness named in the FIR, who were greater in number than the accused persons, armed with only sotas and not any firearm weapon, had made any effort to interfere, in order to save the deceased---Conduct of the nearer and dearer of the deceased was not natural in circumstances---Said witnesses, during cross-examination had stated that the accused persons dragged deceased for about 2/3 minutes and continued to give him beating for a period of 10/15 minutes, but they remained standing at a distance of 22 feet towards east to the place of occurrence---Circumstances suggested that the presence of both the claimed eye-witnesses at the place of occurrence at the relevant time was not free from doubt---Motive had not been proved due to non-availability of evidence on record, which was set out in the FIR and had been dubbed to bald assertion made by the complainant's side, particularly in absence of any detail regarding date, time and place of the occurrence, especially when there was also no pending litigation between the parties regarding the dispute of any passage---Investigating Officer had deposed that first version of accused persons was that daughters of accused were young enough and the deceased had evil intentions against them and he forbade him from visiting his house but he continued to stand in front of his house in routine---One evening at about 8.00/9.00 p.m. the deceased entered into their home by leaping over the wall and went inside the room where daughter of accused was sleeping---Accused tried to apprehend him and during the resistance by him, he got injured---Investigating Officer had stated that said first version of the accused was found…

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