Injured witnesses

Accused were charged for committing murder of the father of the complainant and also causing injuries to the two other members of the complainant party

Prosecution's version was that injured witnesses had sustained injuries during the same occurrence but Medical Officer during his cross-examination stated that both the injured persons narrated about the history of injuries to him and the injured persons did not disclose name and weapon of any accused in their statements

Medical Officer also admitted that he did not mention in Medico-Legal Certificate of injured that he received any firearm injury

Medical Officer further admitted that he could not assess the kind of weapon, by which injuries were caused to injured persons

Even otherwise, the injuries were only indicative of their presence at the place of occurrence and did not necessarily amount that whatever they spoke was a gospel truth

Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt

Appeal against conviction was allowed, in circumstances.

Injured prosecution witnesses remained consistent in their testimonies in terms of material particulars and corroborated statement of complainant, so also corroborated statements of police officials who reached at scene and arrested accused red-handed at the spot with crime weapon and snatched money

Empties recovered from spot and crime weapon matched vide Forensic Science Laboratory report

Question of deliberation and substitution of offender did not arise

Federal Shariat Court declined to interfere in conviction and sentence awarded by Trial Court

Appeal was dismissed in circumstances.