Law: Penal Code (XLV of 1860)

Section: 322 & 337-A(i)

(a) Penal Code (XLV of 1860)-------Ss. 322 & 337-A(i)---Qatl-bis-sabab, shajjah-i-khafifah---Appreciation of evidence---Contradictions in the statements of witnesses---Accused was charged that he along with his co-accused hit the cousin of complainant with a motorcycle, due to which he died at the spot---Case of the prosecution mainly rested upon the testimony of complainant and eye-witness/injured---Complainant, admittedly, was not an eye-witness of the occurrence which fact had been confirmed by him during cross-examination that he had not seen the occurrence and that he was informed through phone regarding the incident---Contents of the FIR lodged on the basis of application revealed altogether a different story than the one narrated by complainant and eye-witness in their evidence which showed that on the fateful day at 5:00 p.m. co-accused and the accused along with four other unknown persons stopped the deceased and the eye-witness, in the meanwhile a motorcycle driven by some unknown person collided with their motorcycle, causing death and injury to them respectively---Complainant also mentioned in the said application that since deceased was stopped by the accused and his companions, therefore, an unknown motorcyclist hit the deceased, otherwise accident would have not happened--Prompt application by no stretch of imagination revealed a story of assault except happening of incident at the hands of one unknown motorcycle rider, who sustained injuries and was medically treated and examined by Medical Officer and later was known to be Mr. "S" whose Medico Legal Certificate was produced by Medical Officer, who also produced the Medico Legal Certificate of injured and death certificate of deceased, which did not coincide with the testimony of eye-witness at all---Circumstances established that the prosecution had failed to prove the charge beyond shadow of doubt---Appeal against conviction was accordingly allowed.(b) Penal Code (XLV of 1860)-------Ss. 322 & 337-A(i)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-bissabab, shajjah-i-khafifah---Appreciation of evidence---Withholding material evidence---Effect---Accused was charged that he along…

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