Law: Penal Code (XLV of 1860)

Section: 302(b),364,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364, 148 149---Qatl-i-amd, kidnapping, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Contradiction in the statement of eye-witnesses---Non availability of justification for presence of such witnesses at the place of occurrence---Conduct of the witnesses---Scope---Accused were charged for committing murder of brother of the complainant---Motive behind the occurrence was that in the year 1996, a case was registered with regard to the murder of brother of accused and in that case, except complainant, all the accused were acquitted and complainant was convicted for life imprisonment---Ocular account of the incident had been furnished by two witnesses/brothers of the deceased---Said witnesses were not the residents of the place of occurrence, thus they were all "chance witnesses"---Said witnesses could not establish their acclaimed presence at the spot and stated that they were fired at by the appellants at two different places---Investigating Officer did not collect or find any empties at the said two places from where the appellants had allegedly fired at the witnesses---Both the witnesses had claimed that they were attracted to the place of occurrence on hearing fire shots when they were present at the house of their uncle---Eye-witness had mentioned that after hearing the fire shots, they ran outside from the house of their uncle but the other eye-witness had claimed that they were going to the cotton crop when they heard the fire shots---Eye-witness never claimed that they were present inside the house of their uncle and from there they proceeded towards the place of abduction---No motorcycle under the use of accused was recovered---In the scaled site plan of the place of occurrence, rough site plan of the place of occurrence and rough site plan of the place of recovery of motorcycle, neither any house nor any shop belonging to the eye-witnesses was marked---House of uncle of eye-witnesses, wherein both the prosecution witnesses were allegedly present prior to the occurrence, was also not shown in the said site plans---Uncle of eye-witnesses did not appear…

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