Law: Pakistan Penal Code, 1860

Section: 34,302(b),354,379,452

Law: Criminal Procedure Code (V of 1898)

Section: 22A,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---Allegation against accused was that he, along with co-accused, committed murder of the brother of complainant---Motive behind the occurrence was that co-accused abducted the wife of deceased, who after getting the decree for dissolution of marriage contracted marriage with her against which some suits were filed---Ocular account had been furnished by two witnesses including complainant---Record showed that complainant was not resident of place of occurrence rather his house was at a distance of one kilometer---Usual routine of complainant was that he remained engaged with his work at the time when alleged occurrence took place---Complainant could not offer any plausible reason for his alleged visit to the house of his sister (place of occurrence) on the day of incident and even his sister did not come forward during investigation or trial of the case to verify visit of complainant in her house---Complainant had no meeting with the accused persons prior to occurrence---Complainant had claimed that his clothes were smeared with blood when he shifted the victim in injured condition to the hospital but said clothes were not produced by him during investigation; however, Investigating Officer had clearly negated that stance and stated that clothes of complainant and witnesses were not stained with blood when he met them---Circumstances suggested that complainant was related, interested and chance witness---Other witness was resident of house adjacent to the place of occurrence but time of occurrence was his job time and he was working as a motorcycle mechanic during the day of occurrence and running a shop, which was not near the place of occurrence; at the time of occurrence, he was supposed to be present at his job---Said witness could not offer any reason for his presence on the day and time of the occurrence---Clothes of said witness were not stained with blood of deceased and if those were stained with blood, the same had not been produced before the Investigating Officer---Said witness was also inimical witness because…

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