Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Presence of complainant and other eye-witnesses at the place of occurrence at relevant time did not stand to reason as all of diem were residents of different places and the presence of the accused at relevant time culminating into the death of the deceased at their hands was also shrouded in mystery---Contents of the F.I.R. did not reveal as to with what particular fire-arm the injuries had been caused to the deceased---Complaint also did not contain even the number of fire shots as well as the places upon which it landed on the person- of the deceased---Statement of the complainant that both the accused were armed with fire-arms stood belied by the statement of doctor who had deposed that injury on the person of the deceased had been caused by some sharp-edged weapon---Pistol allegedly used in occurrence was recovered after 8 days of recovery of empties, but the empties were not sent to Forensic Science Laboratory till the recovery of pistol and no explanation was given for said delay in sending the empties---Possibility of wedding the empties with the pistol which was recovered 8 days after recoveries of the empties, could not be ruled out--¬Chhuri allegedly secured, had not been disclosed to be blood-stained, but report of Chemical Examiner had disclosed that same was stained with blood---Parcel of said Chhuri was not prepared on the spot, but the prosecution had succeeded in obtaining report of Chemical Examiner---Said fact had made recovery of Chhuri as well as report of Chemical Examiner untrustworthy---Motive of occurrence had been disbelieved---Prosecution having failed to prove its case against the accused beyond reasonable doubt, of the Trial Court convicting and sentencing the accused, was set aside and the accused Were ordered to be released. Muhammad Inayat Ullah Cheema for Appellant. Muzaffar Iqbal Ch. for the Complainant. Ch. Muhammad Ayub for the State. Date of hearing: 19th September, 2001. JUDGMENT Briefly stated the facts are that Khalid Mehmood complainant (P.W.9) is resident of Chak No.314/JB. On 10-10-1988 he alongwith his brother-in-law (Hum Zulf) Muhammad Afzal…

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