Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Co-accused acquitted on same set of evidence---Rule of consistency---Accused were charged for committing murder of the minor son of complainant by firing--Motive behind the dispute was a landed property---As per prosecution story, on the fateful day accused persons armed with deadly weapons made collective firing with their respective weapons on the house of the complainant, due to which one bullet hit the head of complainant's son aged about 5 years, who died at the spot---Accused to whom effective role in the occurrence was attributed had been acquitted of the charge through impugned judgment on the same setup of evidence as his role was also identical with that of the pauper accused---Prosaic rule of law and equity was that once arraignment witnesses were doubted concerning a co-blamed then, they could not be depended upon with respect to the next co-charged, until and unless it was upheld by any free verifying piece of proof, which was prominently absent in the present case---Appeal filed by pauper appellant was allowed and he was acquitted of the charge.Nazir Ahmad v. The State 2018 SCMR 787; Haroon Shafique v. The State and others 2018 SCMR 2118 and Shahbaz The State 2016 SCMR 1763 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Site plan, preparation of---Doubts---Accused were charged for committing murder of the minor son of complainant by firing---Site plan was silent regading on whose pointation it was prepared, because eye-witnesses were totally silent in that regard, coupled with the fact that both the eye-witnesses did not assign any role to the pauper accused---Investigating Officer prepared the site map and whole case was silent in that regard that on whose information the same was prepared---Such site map could not be considered in murder case---Appeal filed by pauper accused was allowed and he was acquitted of the charge.(c) Criminal trial-------Direct evidence---Conviction---Scope---Unless direct or substantive evidence is brought on record, conviction cannot be…