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---Accused were charged for committing murder of son of the complainant---First Information Report was lodged on the basis of oral statement of complainant---Perusal of the oral statement and the FIR revealed that complainant had not mentioned the source of information regarding the receipt of injuries by his son/deceased and his presence at the hospital in an injured condition---Subsequently, the name of other son of complainant was introduced as an eye-witness of the occurrence with the contention that it was he in whose presence the whole occurrence had taken place and the witness who had reported the matter to complainant at his shop---Said witness was not mentioned as a witness in the oral statement of complainant---Prosecution remained unable to explain plausibly the absence of the name of son of complainant as an eye-witness of the occurrence in the oral statement---Record showed that it had been mentioned in the oral statement that complainant received information regarding the receiving of injuries by his son/deceased at the hands of accused, however, it was not mentioned that said information was given to him by his own son/eye-witness---Complainant, in his private complaint, stated that it was his son who came to him at his shop and told him that his other son had been beaten by the accused and co-accused---According to complainant said information was given to him by eye-witness before the recording of the oral statement---No reason was given for not having named eye-witness as an eye-witness by complainant of the case at the time of recording of oral statement---Complainant had already met eye-witness at his shop prior to the recording of his oral statement---Eye-witness had repeatedly asserted that prior to recording of the oral statement he had told his father that he had seen the occurrence with his own eyes, however, complainant still failed to name his son as a witness---Oral statement was lodged after proper inquiry and not spontaneously as admitted by complainant, hence there was no reason for him not to have mentioned…

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