Law: Pakistan Penal Code, 1860

Section: 302,109

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss. 302/109---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Reappraisal of evidence---Weapon of offence not sent Forensic Science Laboratory nor any empty was recovered from the place of occurrence---Dead body was kept in house of prosecution witnesses for the whole night and was taken to hospital on the next day---No indication was given in the site-plan as to from where the accused had fired the shot---No blood-stained earth was taken from the spot---Ocular account of the incident was given by the prosecution witnesses who had not witnessed the occurrence---High Court set aside the sentence of life imprisonment awarded by Trial Court and the accused was acquitted---Validity---Judgment of acquittal passed by High Court was in accordance with law as the evidence had been appraised by the High Court in accordance with the principles for safe administration of criminal justice---Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---Leave is sought against the judgment dated 28-6-2001 of the Lahore High Court through which conviction under sections 302/109, P.P.C. and sentence of life imprisonment of the respondent recorded and awarded by the trial Court was set aside and he has been acquitted of the charge. 2. The incident in this case took place on 7-11-1996 at about 3-00 p.m. the ocular account of the incident was given by P.W.5 and P.W.6 (aged about 14 years) brother and son of the deceased respectively. 3. Admittedly, no empty was recovered from the spot whereas the carbine from which the…

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