Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused and co-accused were brawling with the son of complainant, and on arrival of complainant and his brother at the place of occurrence, accused persons started firing with intention to kill them, resultantly brother of complainant was hit and died on the spot---Motive for the crime was dispute of land---Accused (appellant) had not been shown to have harmed anybody in the FIR---Testimony of complainant showed that accused did not have any firearm at the relevant time rather was empty handed---Prosecution witness/son of complainant with whom grappling was alleged had also attributed the firing to the co-accused---Complainant had not specified the weapons with which the accused persons were equipped at the relevant time, which cast doubt on his presence at the relevant time because he was not a lay man---Complainant being police official was supposed to be well aware of the calibre and type of weapons possessed by the accused persons at the time of occurrence---FIR showed time of occurrence as 8.00 p.m.---Complainant had charged seven accused for indiscriminate firing at him and his deceased brother---Complainant had failed to explain as to how could he identify the bullets coming out from the barrel of the gun of each accused and hitting the deceased in the darkness---Investigating Officer had not collected any evidence with regard to source of light at the relevant time, which created doubt about the identification of accused persons---Circumstances established that complainant was not present at the spot---Mode and manner of occurrence had not been clearly brought on record and ocular account suffered with infirmities---Prosecution, in circumstances, had not been able to prove the charge against the accused---Accused was acquitted in circumstances by setting aside the conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Absconsion---Corroborative evidence---Scope---High Court observed that people…

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