Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324/337-F(v)---Attempt to commit qatl-e-amd and hashimah---Appreciation of evidence---On the strength of same evidence two co-accused were acquitted of the charges, whereas accused was convicted and sentenced---According to the complainant occurrence was witnessed by his father who was present at the spot at relevant time, but that very important witness was abandoned, which was the first blow to prosecution case---Complainant in his first report made to the Police, had attributed a general role of firing to all the three accused persons, whereas he in his statement as prosecution witness made improvement and attributed the effective role to accused---Place of occurrence as given by the complainant in his report and narrated in his statement as prosecution witness again differed---Complainant in his report had stated that he was present along with his father in his fields when accused attacked him, but the site plan prepared by the Investigating Officer at the instance of father of the complainant, was a thoroughfare situated at some distance from their fields---Working in the fields was also not proved on the record---Prosecution had failed to prove specific motive as alleged by him in his report---Prosecution, in circumstances, -had failed to prove case against accused through confidence inspiring evidence---Conviction and sentence recorded by the Trial Court against accused, were set aside and he was set free. (b) Criminal trial--- ----Motive---Under the law, presence of motive for a crime was not necessary, but once a motive was alleged, then it could become the duty of the prosecution to prove the same. Shakeel Ahmad for Petitioner. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The appellant herein, accused of case F.I.R. No. 766 dated 7-7-2010 Police Station Hoti, Mardan, registered under section 324/34, P.P.C. has questioned his conviction recorded by Additional Sessions Judge-II, Mardan vide his judgment dated 9-4-2010 whereby he was convicted under sections 324, P.P.C. and was sentenced to undergo seven years R.I. and to pay a fine of Rs.100,000 and in default to further undergo six months S.I. He was also convicted…

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