Law:

Section:

(a) Penal Code (XLV of 1860)-- ----Ss. 302/34---Criminal Procedure Code (V of 1898), S. 417 (2-A)---Qatl-e-amd, common intention---Appeal against acquittal---Appreciation of evidence----Benefit of doubt---Allegation against the accused and co-accused (respondents) was that they came to the complainant's house and took away his son (deceased) on the pretext that they had to take him to some place for work but later they murdered him---Alleged motive for the occurrence was that the accused had suspicion that the deceased had illicit relations with his sister---Contentions of the complainant were that ocular account was corroborated by the medical evidence and the weapon of offence, which had been recovered at the instance of the accused from his house, and that the cartridges recovered by the investigating officer from the place of occurrence duly matched with the weapon recovered from the accused---Validity---Entire prosecution case hinged upon last-seen evidence--With regard to the alleged motive complainant in his cross-examination had stated that two years prior to the occurrence a `Punchayat' was convened at the house of the accused in which besides' himself, some prosecution witnesses also participated, however, said prosecution witnesses while appearing in the witness box did not utter a single word with regard to holding of any `Punchayat' or their participation ,in it---No independent witness was produced by the prosecution to establish the alleged motive or convening of 'Punchayat' to plead innocence of the deceased with regard to the alleged motive---Was not believable, in circumstances. that the complainant would allow his son (deceased) to associate with his enemies at night time to go at a distant undisclosed place for some piece of work---Material discrepancies in the testimonies of two main prosecution witnesses created a strong doubt with regard to the presence of one of them at the house of the complainant at the time when the accused and co-accused allegedly took away the deceased with them--Prosecution had failed to establish the presence of the accused in the close vicinity of the place of occurrence during the probable time of the murder of…

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