Law: Penal Code (XLV of 1860)

Section: 302(b),109,148,149

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Unnatural conduct of eye-witnesses---Accused were charged for committing murder of the brother of complainant by firing---Ocular account in the case was furnished by complainant and another witness---Presence of both the said witnesses on the spot at the time of incident was doubtful in nature because they did not receive even a scratch during the incident---Admittedly, deceased was real brother of complainant as well as brother-in-law of other witness but both the said witnesses did not make an abortive attempt to save the deceased from the clutches of appellants and their co-accused---Such conduct of said witnesses ran contrary to the natural human response which one was expected to demonstrate at the time of such tragic incident---In the FIR as well as before the Trial Court it was the case of complainant that on 05.07.2018 he along with other witness went to DC house on motorcycle to see deceased from where they along with deceased went to new lorry adda for lunch but the said motorcycle on which the witnesses arrived at the place of occurrence was not taken into possession by the Investigating Officer during the course of investigation---Failure to prove the mode through which the witnesses came to arrive at the place of occurrence had vitiated trust of Court in the prosecution witnesses---Circumstances established that the prosecution could not prove its case against the appellants beyond any shadow of doubt---Appeal against conviction was allowed accordingly.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---No justification for the presence of eye-witnesses at the time and place of incident--Chance witnesses---Accused were charged for committing murder of the brother of complainant by firing---Eye-witnesses had utterly failed to bring anything on the record establishing their claimed presence with the deceased at the relevant time---Houses of said witnesses were far…