Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and co-accused (since dead) made firing upon the brother of the complainant, he fell down on the ground and died---Motive behind the occurrence was stated to be the previous litigation between the complainant and co-accused over horse breeding grant of land---Record showed that initially the FIR was lodged by the complainant against two nominated and one unknown accused person---Co-accused(since dead) had been attributed the effective role of inflicting firearm injuries on the person of deceased, which as per opinion of the Medical Officer who conducted the post-mortem examination over the dead body of the deceased were ante-mortem in their nature leading to his death---Remaining two accused including the appellant had not been ascribed any role and it had been alleged that they were accompanying the real culprit at the time of alleged occurrence---Accused/appellant was not alleged to be carrying any weapon at the time of the occurrence---Record transpired that it was a broad day light occurrence but no specific features of the accused i.e. stature, height, complexion, shape of the face including face cuts, colour of clothes etc. were mentioned in the FIR, no specific features were available with the prosecution which could be made basis for confirmation of identity of the accused persons at the time of test identification parade---Circumstances established that the case was replete with doubts, the benefit of which would favour the accused---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, common intention--- Appreciation of evidence---Delay in conducting test identification parade---Effect---Prosecution case was that the accused and co-accused (since dead), made firing upon the brother of the complainant, he fell down on the ground and died---Record showed that the accused was arrested after nine months of the registration of FIR and for identifying him, his test identification parade…

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