Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,417

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Prosecution case was that paternal uncle ofcomplainant was done to death by unknown culprits---Accused persons were involved on the basis of suspicion---Motive was stated to be that about 7/8 months prior to the occurrence, one person belonging to the family of complainant party had allegedly abducted/eloped sister of co-accused and it was alleged that the deceased had abetted/facilitated by writing the amulet---Accused persons were acquitted after trial---Validity---Record transpired that prosecution had cited total fifteen witnesses, out of which only nine witnesses were examined/produced in the Trial Court and remaining were abandoned by the prosecution---Record showed that said witnesses had not attributed specific role to the accused persons---Said witnesses had not witnessed the accused persons while opening fire shot at the deceased---Five witnesses were close relatives of the deceased as admitted by them in their cross examination---Weapon of offence was allegedly recovered on the joint pointation of the accused persons---Recovered .30-bore pistol and empty shells were not sent to Arms Expert for analysis---Three witnesses had seen the accused persons near the place of occurrence---Occurrence was unseen and no identification parade was held---No evidence was produced by the prosecution to connect the accused persons with the commission of alleged offence---Prosecution had failed to point out any material misreading, non-reading of evidence, illegality or irregularity in the impugned , which warranted interference---Circumstances established that prosecution had failed to prove its case against the accused persons beyond any reasonable doubt---Appeal against acquittal was dismissed being devoid of merit. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This criminal appeal under section 417, Cr.P.C. has been directed against the impugned judgment dated 25.3.2014 passed by the learned session Judge Astore, whereby the learned trial court has acquitted the present respondents/accused from the charge under section 302/34,…

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