Law:

Section:

(a) Penal Code (XLV of 1860)---- S. 302/34- Criminal Procedure Code (V of 1898), S. 417-Appeal against acquittal-F. I R. lodged by father of deceased who was not eye-witness-Names of only three accused mentioned in F. I. R. as culprits-Three more persons added at about or soon after recording of F.I. R. in a supplementary statement of first informant on pretext that these names had inadvertently been omitted by official who recorded F. I. R.-Eye-witness stating that all six accused participated in occurrence-Official recording F. I. R. confirming that he inadvertently omitted to write names of three accused and then had recorded a supplementary statement-Same mistake also occurring in inquest report, which official, who recorded F. I. R. admitted was prepared at time when he knew that six accused had been charged-Two strong possibilities that first informant did not disclose names of three persons at time of recording of F. I. R. of officer concerned dishonestly omitted to record them notwithstanding same having been mentioned by -informant neither investigated as independent matters in connection with conduct of official nor trial Court attached due importance to same-Benefit of doubt, held, rightly given to all the accused so far as eye-witness account was concerned.-[Benefit of doubt-Appeal against acquittal]. (b) Constitution of Pakistan (197A)- -- Art. 185 (.3)-Penal Code (XLV of 1860), S. 302/34-Criminal Procedure Code (V of 1898), S. 417 & 540-Appeal against acquittal­ Circumstances relating to conduct of accused and circumstantial items of evidence against him together with, examination of general question as to who should be held to be responsible (police or complainant) for state of affairs vis-a-vis recording of F. I. R., and, whether some questions arising in case could lawfully be ordered to be investigated by independent agency at appellate stage by Supreme Court; and/or whether any action under S. 540, Part II, Cr. P. C., for recording essential evidence was necessary, calling for serious examination-Leave to appeal granted in circumstances. (c) Constitution of Pakistan (19739- --Art. 185 (3)-Penal Code (XLV of 1860), S. 302/34-Criminal…

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