Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and his co-accused committed murder of the nephew of complainant by firing---Complainant and others were saved and they apprehended the accused, C.D. motorcycle, one Kalashnikov along with six live cartridges, while co-accused persons decamped on their motorcycle---Ocular account of the occurrence had been furnished by three witnesses including complainant---Record showed that accused was caught red-handed along with Kalashnikov---Subsequently, on arrival of police, the accused along with recovered crime weapon was handed over to the Investigating Officer---Assertions of the witnesses would establish the fact that no role of firing was attributed to the accused rather such role had been ascribed to the absconding accused persons---Record transpired that deceased was the nephew of complainant and the close relative of the remaining two eye-witnesses, who soon after the commission of crime caught the accused red-handed along with crime weapon---Nothing had come on record that a single scratch was found on the person of the accused rather the witnesses handed over the accused to the police authorities unhurt---Conduct of all the three witnesses depicted to be unnatural and not believable and even unreliable to a prudent mind---Accused persons were armed with sophisticated weapons, while to the contrary the complainant party were empty handed, but despite such fact the accused was caught at the spot along with Kalashnikov, whereas the absconding accused persons had not made any attempt to rescue the accused from the clutches of the complainant party---Conduct of the accused persons also appeared to be unnatural on another angle---Admittedly, all the witnesses including the deceased were on the target of accused and other absconding accused, but the deceased was hit and the witnesses were let free, which did not appeal to logic that by killing a person in presence of his close relatives, accused would not attempt to cause any injury/kill the prosecution witnesses leaving them for evidence to be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492