Law: Penal Code (XLV of 1860)

Section: 302,109,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109, 148 ,  149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party made firing upon complainant party, due to which three persons died---Motive behind the occurrence was previous enmity---Record showed that five accused to whom effective roles in the occurrence were attributed had been acquitted of the charge on the same set of evidence through the impugned ---Role of said accused was also identical with that of the present accused---Likewise, other co-accused to whom role of abetment was assigned had also been acquitted of the charge---All the co-denounced aside from the accused were announced blameless over the span of examination---Once arraigned witnesses were doubted concerning a co-blamed then, at that point, they could not be depended upon with respect to the next co-charged until and except if it was upheld by any free verifying piece of proof, which was prominently absent in the present case---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Nazir Ahmad v. The State 2018 SCMR 787; Haroon Shafique v. The State and others 2018 SCMR 2118 and Shahbaz v. The State 2016 SCMR 1763 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 109, 148 ,  149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Improvements made by witnesses---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which three persons died---Contents of the FIR showed that the complainant and witnesses had assigned collective role of firing to all the accused persons, however, in private complaint and while appearing before the Trial Court, they improved their earlier stance by assigning the specific role of firing to each of the accused persons upon the body of the deceased persons---Deposition of the eye-witnesses, who were most important witnesses of the prosecution came…

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