Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-F(ii),427,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Admittedly the field to which the complainant party were going to cultivate was situated at a distance of 3/4km from their houses---However, it was yet to be known that when the complainant along with the deceased left their house at 03:45 p.m., how they reached within 15 minutes at the field and how they succeeded to cultivate the same by 04:00 p.m.---Said mechanical explanation and performance of the complainant and others was hard to appeal to a prudent mind---In all the three inquest reports, the time regarding death mentioned in the relevant column had been tampered, which on naked eye came to be 18:30 instead of 16:30 hours---Such tampering had never been explained by the scribe---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Identification of the accused by the eye-witnesses doubtful---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Record showed that the place of incident was an abandoned thoroughfare with ditches and steeps on either side---Thus, it was yet to be known that when the accused had the intention to commit the murders of the deceased, then what forced them to expose themselves to enable the complainant and the eye-witness to identify them, as the accused were…

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