Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 302 34---Qatl-i-amd and common intention--- Appreciation of evidence---Benefit of doubt---Delayed FIR--- Contradictory statements of witnesses---Un-natural conduct of witnesses---Scope---Accused persons were alleged to have indiscriminately fired at the deceased within the view of eye-witnesses---Exact time of occurrence was not established---Statements of witnesses and Investigating Officers were contradictory to that extent---Delay in lodging the report in view of peculiar facts and circumstances of the case had gained much significance, as such, the factors of deliberation consultation and preliminary investigation could not be ruled out---Despite alleged indiscriminate firing by three accused persons none of the prosecution witnesses tried to escape or even got hit with a single fire shot rather they surprisingly stood firm to watch minutely that the fire shot of main accused hit the deceased on his head, which in the ordinary course of life was impossible---Occurrence had not taken place in the mode and manner as alleged by the eye-witnesses---Prosecution had failed to prove its case beyond reasonable doubt---Appeal against acquittal was dismissed, in circumstances. (b) Criminal trial--- ----Appreciation of evidence---Once intrinsic worth of ocular account is accepted and believed then rest of the evidence, both circumstantial and corroboratory in nature, would be required as a matter of caution---Conversely, once the ocular account is disbelieved then no other evidence, even of a high degree and value, would be sufficient for recording conviction on a capital charge. (c) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Accused person, on acquittal, earns twofold innocence---Standard and principle of appreciation is entirely different from that in a case of conviction---Findings of trial court can only be reversed by High Court in its appellate jurisdiction if the same are found to be perverse, fanciful, arbitrary or based on mis-reading and non-reading of material evidence causing miscarriage of justice. 1995 SCMR 127; 2015 SCMR 1142; 2017 SCMR 2002; 2017 SCMR 2007 and 2017 SCMR…

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