Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)- ----Ss. 337-F(vi)/34--Appreciation of evidence--Benefit of doubt--Two accused persons did not cause injuries to injured eyewitness who was present on the spot with deceased when alleged incident occurred--Complainant and PWs were closely related inter se and with the deceased--Evidentiary value of interested and inimical witnesses could not be relied upon without corroboration from independent source and in the instant case, testimony of said witnesses was not corroborated by any independent source--One of the prosecution witnesses did not depose about the seat of injuries alleged to have been caused by accused persons--Motive of occurrence did not stand proved--When eye-witnesses were not believed for commission of major offences same could not be relied upon for a subservient act--Case against the third accused person being not free from doubt, he was acquitted by the Trial Court from the charges relating to commission of murder of deceased on basis of same evidence--Said accused could not be convicted u/S. 337-F(v), P.P.C.--Accused persons were acquitted extending them benefit of doubt. 1995 SCMR 1715 rel. Judgment Nabi Bux son of Haji Ghulam Qadir Shaikh, Jalil Ahmed and Abdullah being aggrieved and dissatisfied by judgment, dated 14-2-2002 passed by Additional Sessions Judge, Umerkot, convicting the appellants under Section 337-F(vi), 34, P.P.C, to undergo R.I. for five years each and Daman of Rs. 1,000 each or in default to undergo R.I. for six months more. The benefit of Section 382-B, Cr.P.C. was also extended to the appellants. The appellants were acquitted from the charges levelled under Sections 302, 392, P.P.C. The facts leading to the case are that complainant Muhammad Ismail on 26-1-1991 lodged report that his brother Hazoor Bux, Wazir Ali, Abdul Karim and Ali Muhammad went to work on the land, Hazoor Bux had taken his double-barrel gun, complainant Muhammad Ismail and P.W. Abdul Karim were working at a distance of about one acre away from them, where Hazoor Bux was working with his son Wazir Ali, heard Hakal on which they saw that appellant Abdullah, who was armed with hatchet was causing hatchet blows…

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