Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Benefit of doubt---Accused was charged for the murder of step brother of the complainant---Ocular account was furnished by the complainant and paternal cousin of the deceased, claiming themselves to be the eye-witnesses of the occurrence---Complainant had stated that on 22.5.2012 at about 12.30 (mid-night) deceased, his cousin and one other person were present at a Dera for dinner---Accused, while armed with .30-bore pistol came there, raised lalkara that three days ago, he was forbidden for aerial firing and made straight fire shots upon deceased, which hit him on different parts of his body---Upon listening the fire shots, complainant reached the spot as his house was situated at a distance of 1-1/2 killa from the place of occurrence---Complainant stated that he had come from other place two days prior to the present occurrence---Said witness deposed that after the murder of the deceased, his widow had filed a civil suit in respect of agriculture property against him and he had also filed a civil suit against her---Said civil suits were filed in respect of agriculture land owned by deceased, who was issueless---Said witness stated in his cross-examination that Dera where occurrence took place was not owned by him, but it was common place being used by all the villagers---Said fact was not pointed out by the complainant before the Investigating Officer---Eye-witness stated that on 22.5.2012 at about 12.30 midnight, he along with deceased and two other persons were sitting in the Dera for dinner and had seen the occurrence---Said witness stated in his cross-examination that pots of the dinner were present there, but police did not take into possession said pots---Inquest report did not show in the relevant columns that pots of the dinner were present at the place of occurrence near the dead body as stated by the eye-witness---Both the eye-witnesses had failed to establish their presence at the time and place of occurrence with their stated reasons, as such, they were chance witnesses---First Information Report showed that occurrence took place between the night of 21/22…

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