Law: Penal Code (XLV of 1860)

Section: 302,324,109,148

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 109 148---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon---Appreciation of evidence---Benefit of doubt---Presence of witnesses at the time and place of occurrence was doubtful---Scope---Accused were charged for committing murder of the father of the complainant and also causing injuries to the two other members of the complainant party---Motive behind the occurrence was stated to be previous violent confrontation---Ocular account had been furnished by complainant and two injured---One injured was resident of same village but his house was situated at a distance of ten acres from the place of occurrence---Similarly, other injured was resident of other District, which was situated at a distance of 3/4 kilometers from the place of occurrence---Site plans showed that the houses of the injured were not near the place of occurrence---Said fact was admitted by draftsman by stating that he had not mentioned the residencies of witnesses, complainant and accused around the place of occurrence---Complainant was not the witness of inquest report and post-mortem report of the deceased---Had complainant been present at the time and place of occurrence, he must have been the witness of inquest report---Complainant should have escorted the dead body to the hospital being son of the deceased and his name should have been mentioned in the post-mortem report in the column of identification of the dead body---According to the stance of injured, he was owner of the rickshaw, which was hired by the complainant party to reach the hospital for getting X-ray report regarding the previous incident of fight but as per statement of the Investigating Officer no such rickshaw was present at the time of his site inspection even no such rickshaw was produced before the Investigating Officer to establish the said fact---Injured failed to produce any proof regarding the ownership of the rickshaw---Said facts and contradictions revealed that the occurrence had not taken place as per story of prosecution---All the witnesses were interested and not truthful witnesses---Said witnesses were not trustworthy and…

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