Law: Pakistan Penal Code, 1860

Section: 34,109,302

Law: Criminal Procedure Code (V of 1898)

Section: 544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account and medical evidence---Corroboration---Accused were charged for committing murder of nephew of the complainant---Motive behind the occurrence was previous enmity---Ocular account of the occurrence had been furnished by two witnesses including complainant---Admittedly, said witnesses were closely related to the deceased/inter-se---Said witnesses withstood the test of cross-examination firmly but nothing favourable to the accused could be extracted---Record showed that it was a day light occurrence and the presence of the eye-witnesses at the crime scene could not be doubted as the parties were known to each other---Eye-witnesses had furnished the mode and manner of occurrence that the accused murdered the deceased and managed their escape good---Eye-witnesses had assigned a specific role to accused of causing firearm injuries to the deceased, corroborated by medical evidence---Incident was promptly reported---Eye-witnesses stated that accused was responsible for fire-arm injuries to the deceased which proved fatal---Accused led to the recovery of pistol .30-bore as well as churra---Enmity between the parties was not only established rather admitted by the defence in their statement recorded under S. 342, Cr.P.C.---Record transpired that the case of co-accused was distinguishable from the accused---Investigating Agency had not confirmed participation of co-accused in the occurrence---Name of the co-accused was mentioned in column No. 2 of the report submitted under S.173, Cr.P.C. being innocent---Said co-accused was not arrested in the present case---Declaration of innocence was never challenged by the complainant party before any forum by way of private complaint or otherwise---Co-accused was attributed repeated churra blows---Investigating Agency confirmed that co-accused was disabled and was suffering from polio---Investigating Officer had admitted in the cross-examination that co-accused joined the investigation voluntarily---No recovery was effected from the co-accused---Prosecution had failed…

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