Law: Pakistan Penal Code, 1860

Section: 302(b),324

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Sole witness in the case, who was brother of deceased, being interested witness, his testimony required thorough scrutiny---Version given by said brother of deceased that he was accompanying the deceased for collecting his pension, could not be believed as no convincing evidence was on record to that effect---Serious doubt existed about the presence of said witness who was also complainant who claimed to be with the deceased at the time of occurrence---Site plan which was prepared at the instance of the complainant; would reflect that the point attributed to the complainant and other three acquitted accused charged for ineffective firing on the person of complainant, would make another dent in the story of the prosecution---If seen the version given by the complainant as a sole eye-witness to the occurrence, said facts would suggest that testimony of the complainant/witness in absence of any supportive evidence, could not be believed---Abscondence of accused which spread over the years, alone could not be made as a ground for conviction of accused in absence of any material and trustworthy and confidence inspiring evidence to connect accused persons for commission of offence for which they were charged--Incident was an unseen occurrence and the ocular testimony given by the complainant, being an interested witness, could not be relied upon---Conviction and sentence awarded to accused persons by the Trial Court were set aside---Accused were acquitted of the charge levelled against then and were released in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, JUSTICE:---.--- Through this single judgment, we propose to dispose of instant Criminal Appeal No.580 of 2009 as well as theconnected Criminal Revision No.12 of 2010 filed by the complainant for enhancement of sentence awarded to the appellants. 2. The appellants along with four other co-accused were charged for committing the murder of deceased Musharaf Khan and ineffectively firing at the complainant of the case. 3. As per version given in the F.I.R., there were…

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