Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unseen occurrence---Delay in filing direct complaint---Contradictory statements---Acquittal of some of the accused persons---Scope---Complainant alleged that his son aged 10 years was taken by his uncle to a festival; uncle became drowsy; accused and other arranged for his sleep; took his son with them and committed his murder---Complainant was not an eye-witness of the incident as such his evidence could not be relied upon---Prosecution witness/uncle of the deceased had not supported the case of prosecution by stating that he had not seen anyone killing the deceased---First Information Report of the incident lodged by the complainant was disposed of under 'A' class by the police---Direct complaint was filed by complainant with a delay of seven months---Statements of prosecution witnesses were inconsistent on some points---Conviction of one set of accused and acquittal of other set of accused, on the basis of same evidence could not be approved---Appeal against conviction was allowed, in circumstances. Mehmood Ahmed and others v. The State and another 1995 SCMR 127; Abdul Khaliq v. The State 1996 SCMR 1553; Sardar Bibi and others v. Munir Ahmed and others 2017 SCMR 344 and Tarique Bashir v. The State 1995 SCMR 1345 rel. (b) Criminal trial--- ----Procedure---Conviction of one set of accused and acquittal of other set of accused on the basis of same evidence cannot be approved. Sardar Bibi and others v. Munir Ahmed and others 2017 SCMR 344 rel. THIS JUDGMENT DELIVERED BY: IRSHAD ALI SHAH, JUSTICE:---.--- The instant Criminal Appeal has got somewhat chequerd facts. It is alleged by complainant Khatoo Mal that his son Sarwanand aged about 10 years was taken by his uncle Basroo to a festival at Mirpur Mathelo, there he became drowsy, therefore, appellant and others prepared to arrange for his sleep, they took Sarwanand with them and then committed his murder by causing him iron rod blows, for that he lodged an FIR Crime No. 182/2001 with police station Mirpur Mathelo. It was disposed under "A" class by Magistrate having jurisdiction,…

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