Law: Penal Code (XLV of 1860)

Section: 302(b),324,452,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-iamd, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Improvements made by the witnesses---Accused were charged that they along with their co-accused committed murder of the father and brother of the complainant and launched murderous assault on his mother---Ocular account in the case consisted of complainant and the female victim---Case of the complainant and other eye-witness in the FIR and as stated by them before the Trial Court was that the accused persons along with their co-accused while armed with tokas attacked them and narrated the specific seat/locale of injuries on their persons---Scrutiny of prosecution evidence reflected the falsity of eyewitnesses as the occurrence was committed within a few minutes and it was humanly impossible to provide such minute details in such a photographic manner or to assign the specific role and furnished detailed description of the same, which inferred that accused persons were falsely roped in, as such lodging of the FIR with such minutest details of the case ruled out the possibility of truthfulness---Narratives of the FIR suggested exaggeration and improvements made by the eye-witnesses, who admittedly were inimical towards the accused persons---Appeal against conviction was allowed accordingly.Irfan Ali v. The State 2015 SCMR 840 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--Presence of complainant at the spot doubtful---Accused were charged that they along with their co-accused committed the murder of father and brother of the complainant and launched murderous assault on his mother---Presence of complainant on the spot at the time of incident was doubtful in nature because he did not receive even a scratch during the incident---Moreover, he did not make an abortive attempt to…