Law: Penal Code (XLV of 1860)

Section: 302(b),324,337F(i),148

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(i) & 148---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mudihah, rioting armed with deadly weapon---Appreciation of evidence---Presence of complainant with the deceased doubtful---Accused were charged for committing murder of the brother of the complainant and causing firearm injuries to another person---Investigating Officer prepared the site plan on pointation of complainant with different points assigned to all---All were placed at a distance of ten to fifteen feet from one another and despite blood feud the assailants were so generous that the witnesses were left alive with the purpose to facilitate their journey to the gallows---Complainant stated that the firing was made by the assailants when he along with all witnesses were present at the spot, but it was not understandable that why having been armed with the sophisticated weapons just a few feet away, the assailants could not accomplish the task i.e. to eliminate all the persons belonging to deceased's family--Complainant and the eye-witnesses remained consistent in saying that all of them had blood feud, but they could not tell that why out of them, only deceased was hit by the assailants---Story narrated by complainant and his other companions was not acceptable to a prudent mind---Appeal against conviction was accordingly allowed.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(i) & 148---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mudihah, rioting armed with deadly weapon---Appreciation of evidence---Injured witness, evidence of---Not reliable---Accused were charged for committing murder of the brother of the complainant and causing firearm injuries to another person---As per prosecution case another person was also injured in the alleged incident---Said witness while appearing in the witness box categorically stated that on the day of incident he along with deceased was present in the shop and firing started, due to which he also received bullet injury, but did not identify the accused before the Court---Injured witness further added that he had seen the accused first time in Court---Said witness also…