Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Criminal Procedure Code (V of 1898)

Section: 87,154,204,342,382-B,512,544-A

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

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay in lodging of FIR---Improvement in testimony---Withholding material witness---Presumption---Unnatural conduct of eye-witness---Scope---Prosecution case was that deceased was going towards the house of accused for complaining against a fight; accused met him and started firing through his pistol, which hit the deceased at his back and he died on the spot---Occurrence was said to be witnessed by two eye-witnesses---Occurrence took place on 13:15 hours, whereas the deceased was medically examined at 2:15 p.m. and the report was made by complainant at 2:30 p.m.---Complainant party had ample opportunity to make consultation before nomination of the accused---Complainant had not stated in the complaint that he was an eye-witness to the occurrence, however, he appeared before the Trial Court with an improved version of the case and stated that he accompanied the deceased to the house of accused---Improvement in complainant's statement prima facie appeared to be dishonest, therefore, his testimony was excluded---One of the eye-witnesses, who according to the prosecution case had seen the occurrence, was unnecessarily abandoned by the prosecution, despite being closely related to the complainant---Adverse inference under Art. 129(g), Qanun-e-Shahadat, 1984 was drawn by holding that the purpose behind withholding the witness was based on sinister designs, and that had the said eye-witness been produced in the court he would not have supported the prosecution case---Non-examination of the important witness materially affected the prosecution case---Second eye-witness justified his presence at the spot because the occurrence took place at 1:15 p.m. near the mosque and in normal routine people go to the mosque for offering their prayers---Statement of said eye-witness contradicted with the initial version of the complainant as he had stated before the court that complainant was present on the spot---Eye-witness did not appear to be a truthful witness---Immediate conduct of the witness after murder was unnatural as he…

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