Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S.302(b)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal-- Occurrence had taken place on the first night of the lunar month at 2-00 a.m. near the "Nala" about 24 acres away from the residence of the complainant, as the deceased was taken out in an. injured condition from the same---Eye-witnesses could not advance any plausible reason for their presence at the said place at that time of the night--­Record did not show any source of light in which the eye-witnesses could have identified the accused---Eye-witnesses were merely chance witnesses and the account stated by them did not inspire confidence--­Prosecution had failed to substantiate the motive---Recovery of "Chhuri" was of no consequence as the same was not stained with human blood--­Medical evidence was not in line with the ocular account---Cogent reasons had been given by the High Court for acquitting the accused---Leave to appeal was refused to the complainant in circumstances. JUDGMENT TANVIR AHMED KHAN, J.--Leave to appeal is sought against the judgment dated 9th May; 2002 whereby Criminal Appeal No. 1735 of 2000 filed by respondent No.2, Muhammad Yasin alias Kali was accepted and he was acquitted of the charge. 2. Facts briefly are that F.I.R. No.117 was got registered at the instance of P.W.1, Rafique Ahmed complainant on 11-3-1997 at 4-15 a.m. at Police Station, Chunian, for an occurrence stated to have taken place at 2-00 a.m. under sections 302/34, P.P.C. for the murder of his son Babar. The matter was investigated. Accordingly challan was submitted against the petitioner. The occurrence was narrated by P. W .1, Rafique Ahmed complainant, the father of the deceased and Azam Mahmood, P.W.3, brother of the deceased. The learned trial Judge through his judgment dated 25th October, 2000 convicted the petitioner under section 302(b), P.P.C. and sentenced him to imprisonment for life. He was also directed to pay compensation of Rs.20,000 to the heirs of the deceased under section 544-A, Cr.P.C. or in default of payment of fine, he was to…

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