Law: Penal Code (XLV of 1860)

Section: 302(b),324,148,149

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

Section: 129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appeal against acquittal---Appreciation of evidence---Withholding material evidence---Accused were charged for committing murderous assault upon the complainant and his brother, due to which, they received injuries, however, brother of complainant died at the spot---Motive was dispute over landed property---Record showed that the Investigating Officer admitted that one independent witness was allegedly present on the spot and his statement was recorded under S. 161, Cr.P.C---Name of said witness was neither mentioned in the murasila/FIR nor he had been examined in the case as prosecution witness---Said witness could have strengthened the case of the prosecution, but his non-production as prosecution witness had adversely affected prosecution's case in view of the provisions of Art. 129, Illustration (g) of Qanun-e-Shahadat, 1984---For not producing material witnesses, an inference could be drawn that had they stepped into the witness box, they would have not supported the prosecution's case---Circumstances established that the prosecution failed to prove its case beyond shadow of any doubt---Appeal against acquittal was accordingly dismissed. Muhammad Rafique and others v. State and others 2010 SCMR 385 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appeal against acquittal---Appreciation of evidence---Dishonest improvements by witnesses---Accused were charged for committing murderous assault upon the complainant and his brother, due to which, they received injuries, however, brother of complainant died at the spot---Complainant and his father took the stance that they were empty handed, therefore, could do nothing---However, during cross-examination reference was made to statement under S. 161, Cr.P.C, wherein, it was mentioned that the…

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