Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 114 & 34---Qatl-i-amd, abettor present when offence committed, common intention---Appreciation of evidence---Prosecution case was that accused, at the instigation of co-accused had fired at the deceased which left him critically injured---Co-accused persons fired at the complainant party, as a result of which people of the area assembled at the place of incident and saw the accused persons fleeing away---Complainant party took the injured to the hospital but he could not survive---Complainant and eye-witnesses in their depositions had supported in unambiguous words the role of accused to the effect that he was armed with pistol and fired on the deceased, which caused his death---Lengthy cross-examination of the said witnesses could not extract from them any material contradiction on salient features of the case relevant to the role of the accused and recovery of incriminating weapon from him---Record showed that evidence against the accused had remained unshaken---Prosecution case against the co-accused persons was not confidence inspiring---Eye-witnesses had deposed that co-accused made firing upon them but no spent bullet casings was recovered from the place of incident---No incriminating weapon was recovered from co-accused persons to lend support to the prosecution case about their role of being armed with pistols firing on complainant party---Evidence of eye-witnesses showed that they were 50 to 60-65 feet away from the co-accused at the relevant time and there were many people gathered at the place of incident, in such a situation, the assertion of eye-witnesses that co-accused were armed with pistol and made firing upon them did not appear to be plausible and trustworthy nor was related to the circumstances stated by the prosecution in the case---Role of instigation ascribed to a co-accused by the eye-witnesses was also not credit-worthy because the question would be that if he himself was armed with the pistol and his intention was to kill the deceased, why he did not fire at the deceased and instead instigated accused to do so---Circumstances established that prosecution had proved its case against…

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