Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 148 & 149---Qatl-i-amd, rioting, common object---Appreciation of evidence---Benefit of doubt---Un-explained delay of two days in reporting the matter to the Police, indicated that story mentioned in the crime report was an afterthought and that case was registered with due consultation, deliberation and fabrication, which cast serious doubts on the veracity of the prosecution---All the witnesses, were closely related to the deceased and they were not residents of the place of occurrence---Presence of said witnesses at the venue of occurrence, could not be established through any other independent source of evidence---Prosecution had withheld two best witnesses to prove the presence of eye-witnesses at the venue of occurrence---None of the claimed eye-witnesses had intervened to rescue the deceased and had not received any injury during the occurrence---Presence of said eye-witnesses at the place of incident at the relevant time, was not free from doubt---Complainant as well as the eye-witnesses, while appearing in the court, had deposed somewhat different to story as narrated before the Police at the time of registration of crime report---Eye-witnesses had made material improvements in their deposition before the Trial Court, due to which the entire prosecution story and scenario had been changed and the role of each individual accused had been intermingled---Eye-witnesses could not sustain their veracity on each and every aspect of the case---Two co-accused, who were specifically attributed the role of causing head injuries to the deceased with their respective weapons, had been acquitted and no appeal had been filed against said acquittal---Role of acquitted co-accused was quite identical to that of convicted accused persons---Prosecution evidence, which was disbelieved to the extent of acquitted accused persons, could not be relied upon to the extent of remaining accused persons, in absence of any independent corroboration---Number and nature of the injuries did not coincide with the ocular version---Medical evidence, lent no support to the ocular account---Motive of occurrence though was admitted one, but same…

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