Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Penal Code (XLV of 1860)--- ----Ss.302 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing murder of the grandson of complainant---Record revealed that it was a blind murder and there was no eye-witness of the occurrence---Complainant had deposed that they were in search of the deceased when his son informed him that the dead body of the deceased was lying on the place of occurrence---Complainant thus rushed to the spot and upon arrival of the police made report---Son of the complainant, however, never informed the police about the presence of dead body of the deceased at the spot, rather he rushed towards the complainant and informed him about the presence of dead body of the deceased at the spot---Accused were charged by the complainant through his supplementary statement, wherein the complainant neither mentioned any source of his satisfaction regarding involvement of the accused persons in the commission of offence nor any motive could be put forth, which resulted in the commission of murder of the deceased by the accused---Circumstances established that the prosecution had failed to build up a chain of circumstances to prima facie connect the accused with the commission of alleged offence---Appeal against acquittal was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss.302 34---Qatl-i-Amd, common intention---Appreciation of evidence---Appeal against acquittal---Recovery of weapon, crime empty and blood-stained stones---Scope---Accused were charged for committing murder of the grandson of complainant---Evidence on record, however, suggested that the Investigating Officer visited the spot and recovered blood-stained stones and two bullets during spot inspection through recovery memo., while on the same day, through a separate recovery memo., he also recovered one empty of .30 bore---Marginal witnesses of both the recovery memos., were different and they materially contradicted the Investigating Officer---Preparation of two separate recovery memos., at the same spot, during the same proceedings, did not appeal to a prudent mind and created a reasonable doubt in…

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