Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Pakistan Penal Code, 1860 (XLV of 1860)----Ss. 302 & 34--Criminal Procedure Code, 1898, S. 417(2)--Allegation of murder son of complainant--Acquittal of--Challenge to--Accused empty handed--Non-recovery of dragger--Ocular account--Independent witnesses--Benefit of doubt--Reappraisal of evidence--From perusal of statements of ocular witnesses none of witnesses attributed any injury to accused--All prosecution witnesses admitted that accused were empty handed--All ocular witnesses were close relatives, despite as per witnesses that independent persons were also present on spot, although it is not mandatory for prosecution to record statement of independent witness, but to avoid false implication and safe administration of justice--Prosecution should have recorded statement of independent witness--Entire prosecution would establish fact that although accused were present at relevant time, mere presence at spot by itself was not connected to crime--Occurrence was not premeditated, suddenly took place--Prosecution has failed to establish through incriminating evidence with regard to common intention of accused to commit murder--It is a settled principle of law that double presumption of innocence is attached to order of acquittal--Reappraisal of entire prosecution evidence would reflect that prosecution has absolutely failed to bring on record any evidence to establish charge against accused--Entire evidence so produce by prosecution do not connect accused in any manner, however, prosecution case against respondents, were highly doubtful and trial Court after proper appraisal of material available on record has rightly acquitted accused--Appeal was dismissed. 2017 MLD 1263 and 2017 SCMR 2007 rel. JUDGMENT Abdul Hameed Baloch, J.--This judgment disposes of Criminal Acquittal Appeal No. 222 of 2016 filed by the appellant, Atta Muhammad son of Musa Khan, against the judgment dated 16-05-2016 hereinafter referred to as, ("the impugned judgment") passed by the learned Additional Sessions Judge-III, Quetta, hereinafter referred to as, ("the trial Court"), whereby the accused/respondent Nos. 1 and 2 were acquitted of the charge. 2. Facts of the case are that on 22nd…

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