Law: Pakistan Penal Code, 1860

Section: 114,148,149,302,302(b),337-H(2)

Law: Criminal Procedure Code (V of 1898)

Section: 161,342,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 337-H(2), 114, 148 & 149---Qatl-i-amd, act so rash and negligent as to endanger human life or the personal safety of others, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Medical evidence--- Scope--- Medical evidence neither pin-points the accused nor establish identity of accused but is supportive piece of evidence to the extent of specification of seat of injuries, the weapon used, duration and the cause of death---Mere un-natural death would never be sufficient for holding one guilty of the offence but could only establish happening of offence alone. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 337-H(2), 114, 148 & 149---Qatl-i-amd, act so rash and negligent as to endanger human life or the personal safety of others, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Accused were charged for committing murder of nephew of the complainant---Record showed that complainant and witnesses had stated that they were having land on lease for ten years, which was cancelled by owner and then it was leased out by him to the accused party---Complainant party prevented them from cultivating the said land---Complainant party was on the land under lease on the day of occurrence when accused persons armed with deadly weapons came there and at the instigation of owner of land, accused and the absconding accused fired at the nephew of complainant, which hit him and he by sustaining those fires fell down on the ground---Complainant party raised cries and all the accused ran away by making aerial firing---Injured was taken to hospital but he succumbed to the injuries---Said witnesses had been subjected to lengthy cross-examination but the veracity of their evidence could not be shattered on all material points with regard to death of deceased---Question of mistaken identity was not involved in the present case and the evidence of complainant and his witnesses could not be disbelieved only for the reason that they were related inter se, unless it was shown that said witnesses had a motive to falsely rope the accused by attributing a specific…

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