Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged that he and co-accused committed murder of the son of complainant by firing---Motive behind the occurrence was that two days prior to the occurrence, accused party intercepted the complainant party whereupon a minor altercation took place between them, the matter was patched up but the accused persons bore grudge in their heart and committed the offence---Ocular account in that case consisted of complainant and four witnesses---First Information Report mentioned joint role of firing to the accused by stating therein that accused and two unknown accused persons made straight firing as a result whereof the pellets hit on forehead, left biceps and left flank of deceased whereas twelve other persons sustained firearm injuries during the incident---Complainant, while appearing before the Trial Court had changed the prosecution story by attributing a specific role to accused which was to the effect that accused started firing which struck on the forehead of his son and left biceps as result of which he fell on the ground---Other two unknown persons also contributed firing as a result of which other persons received injuries---Prosecution, in the FIR as well as before the Trial Court stated that besides deceased, twelve other persons sustained injuries during the incident but the Trial Court had disbelieved the said story of prosecution---Record showed that co-accused, as per testimony of complainant having similar role with that of the accused, had been acquitted by the Trial Court and no appeal against their acquittal was filed either by the State or the complainant---Evidence which had been disbelieved qua the acquitted co-accused could not be believed against the accused---Appeal against conviction was allowed, in circumstances Shahbaz v. The State 2016 SCMR 1763 and Imtiaz alias Taj v. The State and others 2018 SCMR 344 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Maxim: falsus in uno falsus in…

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