Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,265-K,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---Circumstantial evidence---Prosecution case was that the accused along with his co-accused/sons committed murder of father of the complainant by firing---In order to establish the charge, prosecution had produced thirteen witnesses, perusal of which reflected that the prosecution had either produced circumstantial evidence, which was not sufficient to hold the accused responsible for the murder of deceased---Direct evidence was lacking independent corroboration produced through interested witnesses, who could not justify their presence at the relevant time---Complainant had stated that the accused made cell phone call to his father and extended threats---Other witness in his court statement had brought on record that at the relevant time, the deceased was present with him when on receipt of telephonic call the deceased became annoyed and informed him that the accused had extended him threats---Likewise, another witness being the son of the deceased had brought on record that on the same day, he also had received threats from the accused from same cell phone---Statement of another son of the deceased was alike to the statement of complainant, who had also brought on record that his father had informed him and his remaining brothers, that the accused had extended threats to him through phone---Mother of the deceased residing in the house of accused party appeared as witness, her statement was alike the statement of remaining witnesses with regard to extending threats to the deceased by the accused on phone---Statement of witnesses showed that none of them had witnessed the crime directly---Such fact had also been admitted by the witnesses in their examination-in-chief and cross examinations that they were not the eyewitness of the occurrence---Statements of the said witnesses showed that their evidence was only with regard to advancing threats to the deceased by the accused---Except one witness, the statements of remaining witnesses were silent about the time when the accused made phone call to the deceased extending…

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