Law: Pakistan Penal Code, 1860

Section: 34,114,147,148,149,302,323,325,354A,376, 376A,377,377-B,504

Law: Criminal Procedure Code (V of 1898)

Section: 161,265-H,342,410,417,417(2)

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 504, 323, 114, 147 & 148---Criminal Procedure Code (V of 1898), S. 417(2)---Qatl-i-amd, intentional insult with intent to provoke breach of peace, value of diyat, abettor present when offence was committed, rioting, rioting armed with deadly weapon---Appreciation of evidence---Appeal against acquittal---Prosecution case as per private complaint was that accused persons assaulted on the complainant party with deadly weapons, due to which cousin of complainant died and two persons received injuries---Trial Court acquitted the accused---No application for grant of special leave to appeal from the order of acquittal having been submitted before the court, present appeal was not maintainable in the eyes of law---Record transpired that all the prosecution witnesses were closely related to the deceased and there was dispute between the parties---Independent persons were attracted at the time of incident but the prosecution had failed to examine them at trial---Complainant had claimed to be the eye-witness of incident but a witness in cross-examination had stated that complainant was not present at the time of incident---If the complainant was present at the time of incident, he would have also sustained injuries but no injury was caused to him---Circumstances suggested that it was against human conduct that close relatives of the complainant were receiving injuries but the complainant did not come forward to rescue them---Time of incident in the direct complaint as well as in the FIR was different---First Information Report mentioned that incident took place at 11.30 a.m., whereas in the direct complaint filed after twenty five days, it was mentioned that the incident took place at 9.30 a.m.---One of the accused had admitted that he sustained injuries during the occurrence but the injured witnesses suppressed injuries of accused as such, their evidence was not reliable---Motive stated in the FIR was that incident occurred due to dispute over water rotation, but in the direct complaint, it was mentioned that cattle of the complainant party were snatched by the accused persons, which resulted the incident---Blood-stained…

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