Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that accused along with his co-accused committed murder of the deceased---Complainant disclosed in FIR the circumstances in which the occurrence of murder of deceased took place---Case of prosecution was based on the alleged dying declaration of the deceased and statements of two prosecution witnesses, who had directly charged the accused and co-accused for committing the murder of deceased---Medical Officer and two private persons were witnesses in whose presence the deceased gave his statement, termed as dying declaration---Prosecution did not examine Medical Officer and one private person as witnesses---Prosecution opted to record the statement of one witness to establish the dying declaration as correct---Said witness had charged only accused for the occurrence but the dying declaration showed that accused and his co-accused were responsible for opening fire on the deceased---Dying declaration showed that deceased had taken name of one prosecution witness, who accompanied him, while prosecution cited two witnesses as eye-witnesses of the occurrence---Such kind of contradictions in the statement of witness and in the dying declaration were material contradictions and on the basis of such material contradictions, it could be said that prosecution had failed to establish the dying declaration---Appeal against acquittal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was furnished by two prosecution witnesses---Witness of ocular account stated that deceased died due to falling from the mountain and not by the firing of the accused---Record showed that statement of other witness of ocular account was recorded after two days of the occurrence---No explanation for said delay in recording statement of witness had been furnished---Circumstances established that statements of witnesses of ocular account were doubtful---Appeal against acquittal was…

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