Law: Penal Code (XLV of 1860)

Section: 302(b),324.311,34

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 311 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, common intention, possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the place and time of occurrence doubtful---Accused were charged for committing murder of the brother of the complainant by firing and also committed murder of wife of one of the accused on the pretext of honour---Record showed that the dead body remained at the spot for two hours till arrival of police but neither the eye-witnesses nor anybody else shifted the dead body to police station or hospital---How could it be expected from eye-witnesses that when their near and dear was done to death in their presence they remained silent spectators for two hours without making any effort either to inform male members of their house or to inform the local police or other relatives, though their house was at walking distance of only 30 minutes from the spot---In the present era of modern technology when the entire world had become a global village and imparting a message now a days was just a matter of seconds, how the dead body laid unattended on the spot for two hours in spite of the fact that so many people were attracted to the spot soon after the occurrence as per prosecution version---Admittedly the eye-witnesses had not even touched the dead body though the assailants had decamped from the spot and for the said reason their clothes did not smear with the blood of deceased---Said conduct of the eye-witnesses was also unusual because women folk by their nature usually become more emotional as compared to males on the occasions of death of a family member---At such events women usually embrace and hug the dead bodies of their nears and dears especially when the matter was that of unnatural death but the eye-witnesses in the present case had not displayed the same conduct---Unusual and unnatural conduct of the eye-witnesses created doubts about their presence at the place and time of occurrence---Circumstances established…

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