Law: Penal Code (XLV of 1860)

Section: 302,337-A(i),337-F(iv),337-L(2),148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 337-A(i), 337-F(iv), 337-L(2), 148 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Related witnesses---Accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Statement of a witness related to deceased should be corroborated rather the statement of a worst enemy could be relied upon, if it inspired confidence and intrinsic worth of the statement was not shaken---Mere relationship of the witnesses with the deceased was not a ground for discarding their statements when otherwise such statements were confidence inspiring and found corroboration from the independent witnesses---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 337-A(i), 337-F(iv), 337-L(2), 148 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of eye-witnesses---Effect---Accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Injured witnesses claimed to have been severely beaten by the accused persons but no such torture/beating was borne out from the available record---Injured eye-witnesses were at variance regarding material points---One of the injured witnesses described that accused fired at the deceased hitting on his right temporal region which was contradicted by medical evidence---Moreover, other injured witness admitted that at the time of occurrence, his brother, complainant was not with them---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Accused were acquitted by setting aside…

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