Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of the deceased by firing---Motive behind the occurrence was reported to be dispute over irrigation water---Record showed that the deceased, then injured, lodged report in hospital, wherein he stated that accused and his co-accused both came duly armed with firearms and started firing at him, as a result of which he got hit and received serious injuries---Report of the deceased, then injured, was endorsed/verified by the Medical Officer, who examined the deceased, then injured, by writing that the patient was fully conscious and thereafter was referred to DHQ Hospital for further treatment, where he succumbed to the injuries---Deceased, then injured, stated that accused armed with "Aslaha Atasheen" came and started firing at him while describing their individual role---Description of firearms had also not been specified in the initial report---Allegedly, both the accused were attributed the role of firing and that too with weapons of different calibre---Said version was belied by medical evidence as well as by the other circumstantial evidence---Circumstances suggested that it was practically impossible in the attending circumstances of the case to hold the convict-appellant and his son/co-accused individually or collectively responsible for the crime---Facts showed that element of throwing net wide, exaggeration and falsehood was apparent on the face of the record---Eye-witness stated that he had come for irrigation purpose about thirty minutes before the occurrence and had brought spade for irrigation purpose, irrigated his fields for one hour or 1- hours when the occurrence took place---After the occurrence, eye-witness made a call to a vehicle driver, which was brought and the deceased in injured condition boarded same while travelling a distance of 80 paces---Witness allegedly wrapped chaddar around his injuries and little blood had been oozing while going in the vehicle---Said witness had not produced the spade, which he had taken to the fields for irrigation purpose before the…

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