Law: Penal Code (XLV of 1860)

Section: 302(b),458,337A(i),337F(i),337D(i)109,34

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

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

Law: Arms Ordinance, 1965

Section: XX,13

Law: Criminal Procedure Code (V of 1898)

Section: 161,169,173,265D,342,340(2),544(2)

(a) Azad Penal Code (XLV of 1860)-------Ss. 302(b), 458, 337-A(i), 337-F(i), 337-D(i), 109 & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 17(4)--Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons--- Appreciation of evidence---Accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---Admittedly convict-appellant had been involved in the case in view of the statement of co-accused, who was an absconder---No one from the complainant side or his inmates identified appellant, though it was sine qua non for the prosecution to conduct the identification parade of the convict appellant---Admittedly, no identification parade had been con-ducted---Co-accused also nominated some other persons as accused but all of them were discharged under S.169 Cr.P.C. by the police during investigation except the convict-appellant, thus the statement of coaccused by involving convict appellant became highly doubtful and was required to be corroborated by other reliable evidence--- In the instant case it was apparent from the available record that the statement of co-accused to the extent of involvement of convict-appellant had not been corroborated by any other piece of evidence---Appeal against conviction was allowed, in circumstances.(b) Azad Penal Code (XLV of 1860)-------Ss. 302(b), 458, 337-A(i), 337-F(i), 337-D(i), 109 & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 17(4)--Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons---…