Law: Penal Code (XLV of 1860)

Section: 302,337-A(i),147,149,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 337-A(i), 337-F(i), 147, 149 34---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, rioting, unlawful assembly, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused party while armed with daggers assaulted on complainant party, due to which the father of the complainant died due to dagger injury on his liver while his other relatives were injured---Statements of witnesses were contradictory to each other---Each witness had narrated the mode and manner of the occurrence in different narration--- Complainant deliberately mentioned his father’s name wrongly, besides, it had also been established through evidence that the FIR was lodged after deliberation and consultation---Circumstances established that the prosecution had failed to prove the charge against all the accused---Appeal against conviction was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 161---Delay in recording the statements of witnesses---Effect---Credibility of a witness is looked with serious suspicion if his statement under S.161, Cr.P.C. is recorded with delay without offering any plausible explanation. Muhammad Khan v. Maula Bakhsh 1998 SCMR 570 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 337-A(i), 337-F(i), 147, 149 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, rioting, unlawful assembly, common intention---Appreciation of evidence---Benefit of doubt---Withholding best evidence---Scope---Prosecution case was that the accused party while armed with daggers assaulted on complainant party and father of the complainant died due to dagger injury on his liver while his other relatives were injured---All the witnesses were brothers, nephews and cousins to each other---Record showed that the occurrence was witnessed by number of shopkeepers present at the place of occurrence, but none of them was interrogated and produced as witness in the court---One witness was also allegedly injured in the incident, but he was not produced in the Trial…

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