Law: Pakistan Penal Code, 1860

Section: 302(b), 324, 397 & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, common intention--Appreciation of evidence---Benefit of doubt---Infirmities---Accused was charged for making firing upon complainant and his brother while looting money and mobile cards from them, due to which complainant sustained firearm injuries while his brother died---Complainant and the deceased each were shot three times making a total of six firearm wounds which in usual circumstances ought to have bleed profusely but no blood was recovered from the inside of the shop where the incident allegedly took place---No bullet mark was found in the shop despite six firearm shots being discharged---No one from the restaurant who allegedly took the eye-witness and the deceased from the shop to the private hospital was examined to that effect--No medical evidence had been produced from any source to prove the injuries sustained by the complainant---No evidence was available to show that the deceased was ever taken to a private hospital---Medical Officer who carried out the post mortem of the deceased stated that the deceased was brought by SIP---Said SIP was not examined as to whether he had collected the dead body from a private hospital--Investigating Officer recovered three out of the six empties and it was not stated where they were recovered from i.e. inside or outside the shop---Said facts raised some doubt whether the incident actually took place as narrated by the complainant at his shop and whether he was even present at the time of any such incident--Accused did not even take the police to the place of wardat so there was no evidence that he knew where it was---Neither the alleged robbed cash of Rs 15,000 nor robbed mobile phone cards were recovered from the accused on his arrest---Appeal against conviction was allowed, in circumstances.Tariq Pervez v. The State 1995 SCMR 1345; Wazir Muhammad v. The State 1992 SCMR 1134; Naveed Asghar v. The State PLD 2021 SC 600; Dr. Javid Akhtar v. The State PLD 2007 SC 249; Dadullah v. The State 2015 SCMR 856; Khalid Saif Ullah v. The State 2008…

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