Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant by firing---Motive behind the occurrence was that two days prior to the occurrence hot words were exchanged between the accused and the deceased over dispute of children---Record showed that ocular account of the prosecution case had been furnished by two witnesses including the complainant---Said witnesses had given a photographic picture of the injury sustained by deceased---Injury attributed to the accused mentioned in written complaint by complainant was exit wound but the Medical Officer, who conducted autopsy on the dead body of deceased noted one entry wound and one exit wound---Statement of Medical Officer and Medico-Legal Certificate showed that Medical Officer had made overwriting in the Medico-Legal Certificate, just to favour the prosecution in order to make the medical evidence in line with ocular account---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt--- Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Effect---Accused was charged that he along with co-accused committed murder of the brother of complainant by firing---Record showed that a specific motive was mentioned in the crime report that two days prior to the occurrence hot words were exchanged between the accused and the deceased over dispute of children but it was an oral assertion of the complainant---During the said interregnum, there was no report of any quarrel or assault in between the parties---No material evidence in the shape of ocular or documentary evidence was produced to substantiate the motive by the prosecution---Motive alleged by the prosecution had rightly been disbelieved by the Trial Court---Circumstances established that the prosecution had failed to prove…

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