Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)---Ss.302(b), 324 , 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Contradictions in the statement of complainant---Accused was charged for committing murder of the complainant’s son and injuring another person by firing---Ocular account consisted of three witnesses including complainant and the injured---Perusal of the record revealed that contents of complaint filed by the complainant and that of the FIR were at variance---No one was nominated by the complainant in crime report despite the fact that accused and other co-accused persons were very well known to the complainant---Although, complainant tried to make up for such deficiency through supplementary statement and contended that he got recorded names of accused in crime report too but Investigating Officer, with mala fide intention and being in league with the accused persons, did not mention their names therein---Said contention did not attract to a prudent mind, because if Investigating Officer was that much aligned with the accused side then why would he record the supplementary statement of complainant, having names of accused persons, on the same day and also record statements of the other prosecution witnesses in line with that supplementary statement---In the crime report complainant mentioned the features of unknown assailants in detail therefore, supplementary statement recorded by the complainant, seemed to be the result of deliberation and consultation, especially when it was an admitted fact that all the accused persons nominated through supplementary statement were previously very well known to complainant and other prosecution witnesses---Said fact alone created a serious dent in the prosecution story---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Akhtar Ali and others v. The State 2008 SCMR 6 and Kashif Ali v. The Judge, Anti-Terrorism Court No.II, Lahore and others PLD 2016 SC 951 rel. (b) Penal Code (XLV of…

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