Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Rule of consistency---Accused and acquitted co-accused assigned similar roles during occurrence---Role assigned to the accused of firing at the deceased was similar to that of the two acquitted co-accused---In the absence of any specific motive no distinction could possibly be drawn so as to distinguish, even obliquely accused's case from his co-accused---One of the co-accused was acquitted by the Supreme Court for a variety of reasons; these included issue of identity of assailants during the night of occurrence; improbability of witnesses' detour preceding assault and arrival at the scene exactly at the time when firing commenced; human incapacity to capture minor details in an extreme crisis situation involving no less than eight persons and lack of motive etc.---All said reasons were squarely applicable to the case of accused as well---Appeal was allowed and accused was acquitted of the charge. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Muhammad Akbar and his three sons, namely Qasim Ali, Mubashir Hussain and Nazeer Hussain were done to death at 9.30 p.m. on 20.6.2004 within the remit of Police Station Kunjha, District Gujrat. Incident was reported by Amjad Ali, PW who escaped assailant's wrath as according to him he alongside his mother and maternal uncles arrived at the scene just when the family was being given blood bath. It is prosecution's case that the complainant and his mother had visited Muhammad Anwar and Muhammad Akbar, later's real brothers to settle certain family differences and it was after reconciliation that the witnesses returned home together. Shewaiz Rasool, the present appellant, alongside Shahid Afzaal and Muhammad Rafi co-accused, armed with automatic weapons, were blamed to have targeted the deceased with multiple shots. Khawar Ali, Qamar-uz-Zaman, Muhammad Luqman, Muhammad Boota and Asad Ullah, differently armed were also alleged to have resorted to firing. The witnesses viewed the occurrence in electric bulb light; motive is conspicuously absent in the crime report. 2. The appellant stayed away from law, while remainder were…

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