Law: Penal Code (XLV of 1860)

Section: 302,311,353,109,34

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) Penal Code (XLV of 1860)-------Ss. 302, 311, 353, 109, 34---Criminal Procedure Code (V of 1898), S.265-k---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, abetment, common intention---Power of court to acquit accused at any stage---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused was charged for committing murder of the son of complainant by firing at the behest of co-accused persons---Motive as set out in the crime report was that sister of accused had come after his deceased son to contract marriage with deceased---Record showed that in the crime report lodged at the instance of complainant, it was alleged by him that murder of his son was committed by the accused at the behest of his co-accused persons---On the face of the record, it was found that the prosecution had not placed on record any evidence to prove or show that the accused/respondent, who was not present on the crime scene, aided, abetted or facilitated the principal accused in his act of committing the crime, except, the oral allegation of the complainant party, however, that allegation was not based on legal evidence, but, was based upon presumption---Prosecution was duty bound to bring on record some tangible material to connect the accused/respondent reasonably with the offence of abetment---Law did not allow to presume anything in favour of the prosecution in the absence of any legal and conclusive evidence in support of the charge levelled against him---Abetment could be committed only when there was positive evidence of either…