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---Reappraisal of evidence--Benefit of doubt---Motive not proved---Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant--Motive behind the occurrence was that there was a dispute regarding amount of cement blocks between the deceased and the accused---Motive was jointly alleged against petitioner and co-accused that they had a dispute with deceased regarding an amount of cement blocks----It was not brought on the record as to whether deceased had to pay any amount to the petitioner and his co-accused or the petitioner had to pay any amount to the deceased---It was not stated that who out of the two (02) accused or the deceased was running the business of sale and purchase of cement blocks---Rather complainant admitted during his cross-examination that neither the deceased nor the accused were having any business of blocks---Specific amount, which was the bone of contention between the parties, had also not been brought on the record---Vague and ambiguous motive was alleged by the prosecution witnesses---Petitioner was a minor of the age of 17 years, at the time of occurrence, therefore, it was not expected that he was running the alleged business at such a tender age---Thus, the motive as alleged by the prosecution had not been proved in this case against the petitioner---Circumstances established that the prosecution had failed to prove its case against the petitioner beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence--Benefit of doubt---Recovery of weapon of offence and crime empties---Recovered weapon and empties sent together for forensics---Effect---Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant---Record showed that a pistol was recovered at the pointing out of the petitioner and the positive repot of Forensic Science Laboratory was on the file--Notable that the empties and the pistol were…