Law: Pakistan Penal Code, 1860

Section: 34,337A,337D,337-F

Law: Criminal Procedure Code (V of 1898)

Section: 417,417(2-A)

(a) Penal Code (XLV of 1860)--- ----Ss. 337-A, 337-D, 337-F & 34---Criminal Procedure Code (V of 1898), S.417---Shajjah, jaifah, ghayr-jaifah---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused-respondents armed with pistol, iron pipe, knife and dagger had beaten the complainant, who received injuries on his right wrist, right shoulder and nose---At the hue and cry of complainant, his father came at the spot, accused-respondents had also beaten his father with pipe who received injuries on his nose and other parts of the body---Ocular account was furnished by the injured witnesses but they failed to describe as to which of the accused persons was armed with pipe, who was holding knife and who was having iron rod---Witnesses had alleged that accused-respondent had a pistol but despite armed with pistol, accused did not make any fire---During investigation, neither the prosecution could recover any pistol, knife or dagger nor the medical certificates of the injured showed any injury of knife---Recovery witnesses had deposed that they found a piece of pipe lying in a building, which was taken into possession by Investigating Officer---Said witness did not confine himself to the extent of recovery of pipe rather by making improvement stated that Investigating Officer took into possession the pipe with which father of complainant was injured---Evidence furnished by the second recovery witness showed that the pipe produced before the court was not sealed at the spot---Statements of both the recovery witnesses were neither straightforward, trustworthy, reliable nor confidence inspiring---Statements of said witnesses were contradictory and based on improvements--- Failure of prosecution to seal the recovered pipe was fatal to the prosecution case---Investigating Officer deposed that complainant was treated at the hospital and then he took him to the place of incident but the witnesses had not stated regarding taking of complainant by the police to the place of incident---Defence produced three witnesses in order to prove that respondent was not present at the place of occurrence at the time of incident---All the defence…

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