Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

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

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of two persons---Motive for the offence was stated to be desertion of wife of accused---Ocular account had been furnished by complainant, father of one deceased and a witness, who was allegedly residing in the cattle-shed of the complainant---Witnesses of ocular account, during cross-examination, had admitted that they had not informed the police about the occurrence, however, police came to know about the occurrence from some other person---Said witnesses had not raised hue and cry when they saw the accused having firearms in their hands coming towards them or at-least they should have prevented them not to altercate with the deceased or to make some efforts to save them from the hands of accused---Said conduct on the part of the complainant and eye-witness was absolutely unnatural, as despite death of two persons, they made no effort to inform the police about the occurrence, which created doubt regarding their presence at the spot at the relevant time---Complainant during cross-examination had stated that they remained at the spot from 7.00 a.m. to 11.00 a.m., whereas eye-witness had stated that he remained present at the spot up to 1.00 p.m.---Eye-witness had stated that at the time of occurrence, deceased was working in his own land, whereas, in the site plan, the said deceased was shown present in the land of some other person---Statements of both the eye-witnesses were contradictory with the site plan prepared by the Investigating Officer on their pointation---Complainant had stated that they were working in their fields, where other people were also working and after the occurrence, those, who were working in their field, arrived at the spot---Complainant showed ignorance about their names---Eye-witness contradicted the complainant in that regard by saying that there was no other person in the surrounding fields at the time of occurrence---Complainant had stated that soon after the occurrence two witnesses, related to him, came to the spot, whereas the said statement of complainant…

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