Law: Penal Code (XLV of 1860)

Section: 34,302,302(b),311,324

(a) Penal Code (XLV of 1860)------Ss. 302(b), 311, 324 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged that they in furtherance of their common intention committed murder of the deceased and caused injuries to a female by means of hatchet blows and throttling on the allegation of siyahkari---Female was an injured witness, she was declared hostile by the prosecution; but Trial Court wrongly relied upon her evidence---According to the evidence of Investigating Officer, he along with subordinate staff had proceeded to the place of incident/house of the accused on spy information, where he found accused armed with hatchet, but he did not see the accused while causing hatchet blows to deceased---Head Constable was also not eye-witness of the incident---Fate of the accused hinged upon the testimony of said Police Officials alone because injured was declared hostile---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed accordingly. Muhammad Asif v. The State 2017 SCMR 486; Nazir Ahmad v. The State 2018 SCMR 787 and Wajahat v. Gul Daraz and another 2019 SCMR 1451 ref. Saifullah v. The State 1992 MLD 984; Saeed Ahmed v. The State 2015 SCMR 710; Arshad Mehmood v. The State 2005 SCMR 1524; Saeed Ahmed v. The State 2015 SCMR 710; Arshad Mehmood v. The State 2005 SCMR 1524; Nasrullah alias Nasro v. The State 2017 SCMR 724; Asad Khan v. The State PLD 2017 SC 681 and Wajahat v. Gul Daras and others 2019 SCMR 1451 rel. (b) Penal Code (XLV of 1860)------Ss. 302(b), 311, 324 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of hatchet on the pointation of accused---Safe custody of the weapon of offence---Scope---Accused were charged that they in furtherance of their common intention committed murder of the deceased and caused injuries to a female by means of hatchet blows and…

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