Law: Penal Code (XLV of 1860)

Section: 302,396,397,412

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 396, 397 412---Qatl-i-amd, dacoity with murder,robbery or dacoity with attempt to cause death or grievous hurt, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of complainant---Scope---Accused were charged for committing murder of two persons by firing during dacoity at a petrol pump---Complainant, though, in crime report, had narrated that occurrence had been committed by four unknown accused person, out of those four unknown accused persons, detailed descriptions of three accused persons had been mentioned in the crime report---Complainant, during investigation got recorded his supplementary statement nominating five accused persons with their parentage and addresses prior to test identification parade whereupon offence under S. 396, P.P.C., was added in the FIR---Complainant while appearing in the witness-box had not uttered even a single word in his examination-in-chief with regard to his supplementary statement, which otherwise, was also not available on the record---Implication and increase of number of accused persons from four to five and the fact that the complainant didnt state anything qua nominating the accused and his co-accused, by itself, spoken volumes---Circumstances established that the prosecution had failed to bring on record any convincing and reliable evidence to establish nexus of the accused with the occurrence---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss.302, 396, 397 412---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, dacoity with murder, robbery or dacoity with attempt to cause death or grievous hurt, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Test identification parade---Joint identification parade---Scope---Accused were charged for committing murder of two persons by firing during dacoity at petrol pump---Record showed that identification parade of accused and his co-accused was conducted jointly---Such joint identification parade was neither acceptable nor…

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