Law: Penal Code (XLV of 1860)

Section: 302(b),364,109,148,149,324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364, 109, 148 & 149---Qatl-i-amd, kidnapping and abducting a person in order to murder, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of complainant at the spot not established--- Accused were charged for committing murder of the son of complainant after kidnapping him---Initial lines of the FIR as well as private complaint mentioned that deceased was shown to be returning from L-(Lahore) on 07.08.2014 and was unable to find any conveyance from MA-(Mandi Ahmadabad) due to his late arrival there; that he decided to proceed by foot towards the house of his sister situated at C-(Chah Doneywala) and reached at Head D-(Doney-wala) at about 09:00 pm; that accused persons and two unknown persons arrived duly armed with firearms on motorcycles and encircled the deceased; that deceased raised noises---Whole evidence of the prosecution was silent narration as to from which source and mode such narration came into the know ledge of complainant when from the bare reading of application for registration of FIR or even the contents of private complaint it stood established that he did not either witness those happenings nor he claimed to have received information qua pre-abduction happenings from anyone including the abductee either personally or through any telephonic message/conversation---In this backdrop, the mentioning of the said hinted narration in the FIR, appeared to be a cock and bull story or to say the least, a fictional account---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364, 109, 148 & 149---Qatl-i-amd, kidnapping and abducting a person in order to murder, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Occurrence doubtful---Accused were charged for committing murder of the son of complainant after kidnapping him---As per the case put forth by complainant, deceased was going by foot to the house of his sister at C from M and when he reached ahead of Head D , five persons armed with firearms came there on…