Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account, proof of---Prosecution case was that three accused persons had murdered brother of complainant by firing---Ocular account was furnished by the witnesses, described to witness the incident---Complainant was not an eye-witness of the occurrence---Eye-witness of the case was later on booked in the case as one of the accused, he faced the trial and was convicted---Other eye-witness supported the prosecution case, mentioned the details of the incident, but identified only one accused, however he was unable to assign any specific role to the said accused in commission of the offence---Statement of said witness to the extent of identification of the accused was not corroborated by prosecution witnesses, who were shown to be present near the place of incident and had seen the culprits---Accused persons were not nominated in the FIR as at the relevant time, none of the prosecution witnesses recognized any of the culprits---Test of identification was to be made, on the arrest of the accused persons, which was not done---Circumstances established that prosecution had failed to prove the ocular account of the case beyond shadow of doubt, benefit of which would resolve in favour of accused persons---Accused persons were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Medical evidence was only supporting evidence, which might confirm the ocular evidence with regard to the receipt of injury, nature of the injury, kind of weapon used in the occurrence, but not to identify the assailants. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 40---Disclosure of accused---Evidentiary value---Disclosure, while in custody of police, was of less value under the provision of Qanun-e-Shahadat, 1984---If nothing in consequence of the disclosure was recovered or discovered then the information so received by itself would not be admissible. (d)…

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