Law: Penal Code (XLV of 1860)

Section: 302, 34, 452, 325, 324

(a) Appreciation of Evidence  Improvements in statements-Occurrence of murder taking place in middle of night-Complainant, allegedly making deviations in his statement, himself being victim of assault, held, could not minutely note every weapon brought by assailants and notice every injury inflicted particularly when he started for Police Station only after 10-15 minutes of occurrence-Penal Code (XLV of 1860), S. 302. (b) Penal Code (XLV of 1860)  Ss. 302/34, 452/34, 325/34 & 324/34-Murder trial-Three eye witnesses themselves receiving injuries during occurrence-Presence of such witnesses at scene of occurrence not doubtful-None of such witnesses having any motive to falsely implicate accused witnesses all natural being either inmates of deceased's house or persons residing close to spot of occurrence-Recovery of rifle, allegedly used in commission of offence from a kotha jointly occupied by accused concerned, effected while lying concealed under faggots attributing special knowledge of its presence to accused-Ocular testimony supported by recoveries as well as evidence of motive, held, fully established prosecution case against all accused except accused M-No motive established against M----Weapon allegedly used by him not produced in evidence nor any recovery made from him-Accused M given benefit of doubt and acquitted. Shahsada v. Hamidullah etc. 1968 P Cr. L J 176 ; Saindad v. State 1972 S C M R 74; Muhammad ,Shafi and another v. The State P L D 1968 Lah. 869 and Din Muhammad v. The Crown 1969 P Cr. L J 1573 held not applicable. Dates of hearing: 7th and 8th October 1974.                                                                                                                                   JUDGMENT M. S. H. QURESHI J.----Smail, Faqira son of Mitha, Manzoor and Ellahi Bakhsh, appellants alongwith so-accused…