Law: Pakistan Penal Code (XLV of 1860)

Section: 302,323,324

(a) Penal Code (XLV of 1860)----- S. 302-Murder-Appreciation of evidence-Relations between parties admittedly strained-Eye-witnesses named in F.I.R. not examined-F.I.R. recorded at spot-Prosecution witness against whom accused were said to be bearing grudge not seriously assaulted but a contusion and painful swelling found on his person-Acquitted accused said to be carrying gun would not have kept behind by just firing in air if he had shared common intention/object with ether aroused in committing murder of deceased-Recovery witnesses held by trial Court to be independent persons and said to have corroborated eye�witnesses, not appearing to be - completely disinterested persons� Prosecution witnesses stating in cross-examination that there were various groups in village and that he was affiliated with complainant party-Prosecution witnesses also admitting that other disinterested persons also lived in village but police did not associate any of such persons-Witnesses stating that places from where crime weapons recovered were lying open-Prosecution witness also admitting that acquitted accused was relative of accused and was challaned for stealing jewellery of witness's brother's wife and later on acquitted-Recoveries were effected 10 days after occurrence and accused were not likely to have kept weapons of offence in their, own houses-Held, such recoveries did not provide any corroboration or support to ocular testimony �Prosecution, in circumstances, has failed to bring home guilt to accused beyond all reasonable doubt-Convictions and sentences of accused set aside and acquitted.JUDGMENT Ijaz NISAR, J.----Faqir Hussain son of Akbar (32) and Jaber son of Ghulam Farid (30) Dogars by caste, resident of Chak No. 12 Gobind Garb, Police Station, Khanqah Dogran, District Sheikhupura were tried alongwith eight others (since acquitted) by the learned Additional Sessions Judge, Sheikhupura for committing the murder of .Faqir Hussain deceased and for murderously assaulting Muhammad Naveed, Hamid Ali, Muhammad Rafiq, Muhammad Boota and Ashraf P. Ws. with daggers, Takwas and Sotas on 1-2-1980 at 9/10 a. m. and have been convicted and sentenced on 8-9-1981 as…