Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337A(i),337-F(v),337-Y(2 )

Law: Criminal Procedure Code (V of 1898)

Section: 161,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-A(i), 337-F(v), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, Shajjah-i-khafifah, hashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account was not corroborated by medical evidence---Prosecution case was that the accused party made firing on the sons of complainant due to which one son of complainant died and other was injured---Motive was that accused persons wanted to take forcible possession of land of complainant---Complainant, being dissatisfied by the police investigation, had filed private complaint---Ocular account was furnished by the complainant and injured---Perusal of contents of FIR, private complaint and depositions made by the witnesses before the Trial Court, transpired that the complainant while lodging the FIR had narrated that co-accused, since declared as proclaimed offenders, made fire shots with their pistol which hit on the belly of deceased but the Medical Officer, who examined the deceased in injured condition and thereafter conducted postmortem examination, found only one firearm entry wound available on the person of the deceased and that too on his chest and the other injury was an exit wound---Complainant took somersault and filed private complaint wherein he while making dishonest improvement in his version stated that it was the present accused-appellant whose fire shot hit the deceased at his chest---Other aspect of the case was that the complainant was father of deceased and injured whereas accused was the real brother of the complainant and co-accused persons were real sons of the accused, thus they were real nephews of the complainant---Factum of close relationship between parties had never been highlighted by the complainant while lodging the crime report---Even otherwise, the complainant had also made other improvements while deposing before the Trial Court---Other eye witness/injured of the alleged incident had stamp of injuries on his person---Presence of injured on the place of occurrence apparently could not be denied but in his statement under S. 161, Cr.P.C. he categorically stated that after receiving…

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