Law:

Section:

(a) Criminal trial--- ----Each criminal case had its own peculiar facts and circumstances and same hardly coincide with each other on salient features. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Scope---Accused was charged that he along with co-accused committed murder of the husband of complainant---Motive for the occurrence was stated to be that the co-accused had suspicion that the deceased had illicit relation with his wife and due to that grudge, accused committed the murder---Ocular account had been furnished by complainant and an eye-witness---Statements of said witnesses revealed that though they had reiterated almost the same facts as narrated in FIR, but the mode and manner of incident narrated by them did not appeal to human prudence---Question arose as to how the deceased was able to stand on his feet after sustaining first firearm injury on his head at the hands of co-accused (P.O.) only to wait for the accused to inflict the other firearm injury on his head---Record showed that both the firearm injuries on the head of the deceased were inflicted from a short distance as according to the Medical Officer, blackening/tattooing was present on firearm entry wounds---Keeping in view the force of velocity created by the fire shots from close range, there was no chance for the deceased, in normal course of nature, to remain in standing position after sustaining first fire shot, but the alleged eye-witnesses remained stubborn in their stance that both the firearm injuries were sustained by the deceased while he was in standing position---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---No justification for the presence of eye-witnesses at the spot---Chance witnesses---Scope---Accused was charged that he along with his co-accused committed murder of the…

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