Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Qatl-i-amd, common intention--Sentence--Challenge to--Taught a lesson for moving application--Occurrence took place on 13.10.2010 at about 6:00 p.m. when Abdul Ghaffar (deceased) and Muhammad Sadiq(PW.7) were on their way back to their home and were intercepted by Mudassar Shah (appellant) and Isfhaq (since acquitted)--Both accused exhorted that "today you will be taught a lesson for moving an application and getting a case registered". Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Qatl-i-amd--Lalkara--Allegation of taught a lesson for moving application and setting a criminal case--Lalkara--Such lalkara was followed by a shot fired from .30 bore pistol by Mudassar Shah (appellant) which hit on right thigh near bladder of Abdul Ghaffar (deceased). Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Qatl-i-amd--Motive--At time of registration of F.I.R, motive was portrayed as a previous theft incident, statedly committed by Mudassar Shah (appellant) and Isfhaq (since acquitted)--Likewise, from narration of facts incorporated in crime report (Exh.PA/1) it evinces that previously Abdul Ghaffar also got registered a case against accused persons--However, during trial, neither detail of incident of theft i.e. date, time or manner was mentioned nor any supporting material was brought on record--Motive could very easily be proved in instant case either by narrating detail of occurrence or by placing on record copy of application or F.I.R pertaining to theft occurrence--In this backdrop, this Court is of view that motive remained unproved--Prosecution also failed to prove prompt reporting of F.I.R by withholding important evidence of Javaid constable--Lastly, failure to prove motive and legal infrmity pertaining to report of Forensic Science Laboratory left prosecution case without any corroboration. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Qatl-i-amd--Recovery of pistol--According to record, during course of investigation, appellant led to recovery of pistol .30 bore (P.6) According to report of Forensic Science (Exh.PR); pistol (P.6)…

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