Law: Penal Code (XLV of 1860)

Section: 307, 34

Penal Code (XLV of 1860)  S. 307/34  Attempt to murder-Appreciation evidence----Sessions Court admitting attempt having been made by prosecution: witnesses to save acquitted accused and injured person having also made dubious statements almost exonerating acquitted accused-Con viction recorded on statements of injured person and complainant both being inter-related-Several other persons noticing occurrence, as alleged, but statements of injured person and complainant not corro borated by any other evidence-Injured person not specifically naming accused allegedly haying given him blows on forehead and chest-- Complainant stating acquitted accused having had a lathi but no lathi injury found on person of injured--Complainant stating assailants having had their backs towards him and he could not say whether they had muffled their faces and saw them from a distance of 50-60 paces in a tonga going at a fast speed-Statements of complainant and injured person contradicting each other in material respects-Evidence of a prosecution witness falsified by statement of complainant as to his being present at time of occurrence-Motive as alleged not a 5. --Evidence s given not disclosing whether injuries inflicted by acquitted accused, or by accused appellant -Appellant's case standing on a much better footing than that of acquitted accused appellant's conviction in circumstances of case, held, not tenable and appellant entitled to benefit of doubt and consequential acquittal.-(Benefit of doubt-Evidence]. Date of hearing : Ist September. 1979.                                                                                                                                         JUDGMENT Mukhtiar and Daud were tried by learned Sessions Judge, Khairpur, under section 307/34. P. P. C. Daud Shah was acquitted by giving him…