Law: Penal Code (XLV of 1860)

Section: 302(b),324,397,34

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

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 397 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, qatl-i-amd not liable to qisas, common intention---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Contradictions---Test identification parade---Scope---Prosecution case was that the accused party made firing upon the complainant party, due to which, the wife of the complainant was hit and died and his two sons were injured---Ocular account of the incident had been furnished by four witnesses including complainant and injured---Record showed that neither the names of the assailants were mentioned in the written application nor in the statement of witnesses recorded under S. 161, Cr.P.C.---Out of the four eye-witnesses of the occurrence, two witnesses did not take any part in the three test identification parades of the accused---No explanation had been offered by the said two witnesses as to why they did not join any of the three test identification parades---Failure to join the said test identification parades had forced to disbelieve their evidence with regard to the identity of the accused---Said witnesses did not know the accused prior to the occurrence and had not named them in their statements recorded by the Investigating Officer---Witness stated that the names of the accused and the alleged roles played by them in the occurrence were told to him by the police just after ten-fifteen days of the occurrence; holding of identification parade of the accused was an exercise in futility---Witness who joined the test identification proceedings had stated that at the time of identification parade, the faces of the accused were covered---If the faces of the assailants were muffled, it was impossible that the witnesses could identify them in the test identification parades---Such identification of the accused was of no evidentiary value---Site plan showed that the deceased had received injury inside a room from a very short distance---However, the Medical Officer did not find presence of any blackening on the entry wound which should have been there if the distance of fire was as short as…

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