Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: VI,17(2),17(3),17(4)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)-------Ss. 302(b)& 324---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss. 17(2), 17(3) & 17(4)---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, haraabah---Appreciation of evidence---Test identification parade---Infirmities---Accused was charged that he along with his co-accused persons made firing upon the complainant party, due to which nephew of the complainant died whereas his brother became injured--Record showed that the accused was not nominated in the FIR---Culprits, who committed the offence, were not known to the complainant and other two alleged eye-witnesses---Descriptions such as features and physiques etc. of the culprits were not given in the FIR---Complainant in his FIR stated that one culprit, who was equipped with Kalashnikov, snatched mobile phone from his nephew, and on the resistance of his brother and nephew to snatching of their motorcycle, the two culprits, who were armed with pistols, made fires from their pistols at them---In the joint identification parade test shown to have been carried out before the Judicial Magistrate, the complainant and two other alleged eye-witnesses allegedly picked out the accused and two other co-accused as the culprits of the subject crime, however, they neither attributed any specific role in the commission of the offence to the accused or even to the two other arrested co-accused nor did they state about any weapon carried by any of them at the time of incident, but when the complainant appeared in witness box, he deposed that "the culprit, who was armed with Kalashnikov, robbed away one Nokia mobile phone from his nephew that the culprits also tried to rob bike from him, on which his nephew resisted whereupon accused made fire from his pistol upon his nephew on his chest; that said accused also made two fires upon the knee of brother of complainant and that two accused persons had TT pistols and accused had Kalashnikov---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Offences Against Property (Enforcement of Hadood) Ordinance (VI of 1979),…