Law: Pakistan Penal Code, 1860

Section: 34,302(b),337A(i),452

Law: Criminal Procedure Code (V of 1898)

Section: 161,342

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46,129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-A(i), 452 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)--- Qatl-i-amd, causing shajjah-i-khafifah, house trespass, common intention---Appreciation of evidence---Benefit of doubt---Withholding of best evidence---Effect---Prosecution case was that the accused persons along with their two other brothers assaulted on the complainant party, which resulted in a firearm injury to son of complainant, who died subsequently---Admittedly, none of the accused-appellants had been assigned the role of shooting at the deceased---Shot that caused the death of deceased had been attributed solely to the absconding co-accused---Allegation on accused was that he had instigated his brothers to shoot at the complainant party---Co-accused was alleged to be present on the spot---Vague allegations of making firing and beating the complainant and his son were raised at trial---No evidence to the effect that two accused had a pre-planned to murder the deceased---Prosecution had produced four witnesses including complainant in order to establish that the shooting occurred at the instigation of accused---One of the prosecution witnesses had testified that the accused was arrested from the hospital while he was present there---Memo of arrest showed that accused was arrested from a bus stop---Said witness had a completely different version to give as compared to the other eye-witnesses regarding post shooting---Testimony of other prosecution witness became unreliable when he categorically testified that the shooting incident took place on the ground floor of the house whereas the official version according to other witnesses was that it took place on the first floor---Witnesses to the memo of site inspection had given a different version as to where the incident took place thus creating dent in their credibility---Version given in the FIR by the complainant that three accused were duly armed with weapons arrived first on the scene, accused arrived later and told his brothers to enter the house, shoot and kill them--- Witness had deposed that three accused arrived and entered his house first and ten minutes later accused-appellant…

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