Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(iv), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, causing mudihah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused party along with three unknown persons, variously armed, arrived at the scene on motorbikes, made fire shots on complainant party, as a result of which, four persons of complainant party including three ladies died at the spot---Prosecution witnesses had witnessed the occurrence in the light of a lantern---Motive for the occurrence was that the daughter of an accused contracted marriage with prosecution witness without family approval---Record showed that two deceased ladies came to visit the family 4/5 days before the occurrence from their village situated at a distance of seventy kilometers from the venue---Targeted assault on said ladies in the backdrop of alleged motive was inconceivable and in their presence alongside the others during the occurrence at an odd point of time during the night to discuss matrimonial proposals at 1.00 a.m., was hardly an opportune time to negotiate the subject that too in the presence of young girls---Complainant had alleged that they took meal at Maghrab time and slept at Esha time; in such situation, the script was far from being plausible---Prosecution case was that the assault was mounted to avenge insult in the wake of complainant's marriage with daughter of co-accused without family blessing, but he survived assault unscathed---Attending circumstances of the case suggested that it was hard to believe that nine assailants armed to the tooth who came all the way to settle the score would spare the choice target and instead play havoc with the lives of the deceased, with no axe to grind; in such state of affairs, occurrence could not be said to have taken place in the manner as alleged nor the said witness was present at the crime scene---Lantern, the solitary feeble source of light had not been taken into possession, thus question of identity of assailants was inexorably lurking beneath the prosecution case---Investigating Officer recorded complaint at…

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