Law: Penal Code (XLV of 1860)

Section: 302(b),147,148

(a) Penal Code (XLV of 1860)-------Ss, 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Motive not proved--Accused were charged for committing murder of the son of complainant by firing---Motive alleged by complainant was stated to be an old enmity---Record showed that the brother of complainant stated that the animosity was not of a serious nature except few altercations which took place between them on petty matters---In such a situation, it was unbelievable that the appellant or his companions would come from far flung area to the area of the complainant party and committed murder of deceased---Secondly, it was also improbable that three armed persons including the appellant would make indiscriminate firing from a close proximity upon the deceased and complainant, who was sitting on a motorbike, but not a single bullet would hit the complainant, his brother or his nephew, who were coming on the other motorbike at a close distance---Moreso, there was also no reason to believe that the culprits would leave the complainant, his brother and nephew, alive to become witnesses in order to drive them to capital punishment of death---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss, 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Medical evidence not in harmony with ocular account---Accused were charged for committing murder of the son of complainant by firing---Medical Officer, who examined the deceased and issued post-mortem report, had observed firearm entrance wound 2 inch on right hip joint and exit nil---Ocular account demonstrated that indiscriminate firing was made upon the deceased by bursting out the entire rounds in the magazine, but the deceased only received a single fire shot wound on his hip joint---Had it been the intent of the assailants to commit murder, the fire shots would have been repeated and the deceased would have not received merely a bullet wound on his hip, which visualized that the occurrence had not taken place as narrated by…