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---Appreciation of evidence---Benefit of doubt---Presence of complainant at the scene not proved---Accused were charged for committing murder of the brother of complainant by firing---Record showed that the incident was reported to have happened at 6:45 p.m., while the police report was filed at 7:30 p.m.---Complainant stated that he was present at the scene and claimed that police arrived within ten minutes of the incident, with his brother dying twenty minutes afterward---Complainant did not touch his brother after he was shot until he died---However, there was a significant discrepancy because the FIR was filed with delay of 30-minutes---Medico Legal Certificate showed that the deceased reached the hospital at 7:05 p.m., within twenty minutes of the incident, suggesting the deceased was taken to the hospital while the police waited for the complainant to arrive and file the report---Said fact indicated that the complainant was not at the scene during the incident---According to the complainant's statement, the deceased was grabbed by the accused and then other accused fired at him---Medico-Legal Certificate presented by Medical Officer showed an entrance wound on the left side of the neck with an exit wound on the left side of back of the neck---However, the accused, who was holding the deceased, did not sustain any injury---Said fact did not appeal to a prudent mind, leading to believe that the complainant had just narrated a story, proving he was not an eye-witness to the incident--- Complainant stated that his brother died 20 minutes after being shot and he did not touch his brother after the shooting until he died, which lasted for twenty minutes---Such fact implied that the deceased was lying at the scene for twenty minutes with a gunshot wound to the neck, yet he was not taken to the hospital---It was hard to believe and would go against human nature that the complainant's brother received a gunshot wound and was left bleeding for twenty minutes without any attempt to provide medical care or try to save his life---Said fact also indicated that complainant was not…