Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860). S. 302/34--Leave to appeal granted to re-assess evidence on account of certain features appearing in case and also to evaluate criminal liability of convicts where alleged crime weapons were recovered from accused on fifth day of occurrence; explanation for delay of four days in lodging First Information Report to effect that complainant had received injuries on his knees as a result of which he was unable to walk; explanation was not supported by medical evidence which indicated no such injuries; injured witness did not testify to presence of complainant at time of occurrence and finally no specific part was attributed to any of accused persons and what was individual liability of each culprit, particularly when evidence indicated that there was a sudden flare up on Warabandi and it was not possible to determine who caused fatal blow or even grievous injury to deceased /prosecution witness. (b) Penal Code (XLV of 1860)-----S. 302/34--No enmity existing between deceased and accused--Dispute arising over distribution of water from Government water-course--Sudden quarrel taking place between parties each claiming a right to flow of water in his own respective field--Accused not coming to scene of occurrence with premeditation or with preconcert to commit murder of deceased--Possibility that witness arrived at scene on hearing news about occurrence not ruled out--Prosecution witnesses not witnessing occurrence but arriving there on hearing abut incident--Medical report showing only one injury on deceased which resulted in fracture of scalp and which was sufficient in ordinary course of nature to cause death of deceased but no reliable evidence as to who caused injury available--First Information Report lodged with unexplained delay after complainant had opportunity of consultation and particulars as to who inflicted fatal injury to deceased or what specific part played by individual accused not disclosed therein--Occurrence taking place on a dark night--Only common intention that could be attributed to accused in circumstances was at the most of a grievous hurt to deceased and on…

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