Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that on the fateful day at about 8.45 p.m., the accused persons, while armed with daggers, knives and sticks, beat the brother of complainant, who received several injuries of daggers and knives and succumbed to the injuries---Motive behind the occurrence as stated by the complainant was a property dispute---Ocular account was furnished by three eye-witnesses including complainant, but there were certain material contradictions, omissions, discrepancies and improvements in their statements---Complainant had stated that accused persons and co-accused were armed with daggers, knives and dandas, whereas eye-witnesses stated that assailants were armed with daggers and knives---Complainant had not stated that who was armed with daggers, knives and dandas, whereas eye-witnesses made dishonest improvement and stated that two accused were armed with daggers and rest of the accused had knives in their hands---Statement of complainant was contradicted by eye-witness, who stated that after commission of offence, the assailants made their escape good on two vehicles, whereas complainant stated that the accused fled away in one vehicle which was not possible as to how eight persons after the commission of offence would escape in one car---Eye-witnesses had not supported each other on the point of time, as complainant and eye-witness stated that incident took place at 8.45 p.m., whereas the other eye-witness stated that occurrence took place at 8.00 p.m.---Accused persons, who were eight in number, allegedly armed with sticks, daggers and knives murdered the real brother of eye-witnesses but when they came at the spot, the assailants did not cause a single bruise to them despite the fact that the parties were inimical towards each other as they had property dispute---Said contradictions, omissions and improvements cast serious doubts on presence of eye-witnesses including complainant at the place of incident and witnessed the incident with their eyes, which made the…

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