Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Recovery---Recovery of weapon of offence by itself without any other corroborative evidence is not a substantial piece of evidence. (b) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Recovery of weapon of offence by itself was not a substantial piece of evidence without any other corroborative evidence---Evidence of the prosecution witness that he had seen the accused on the fateful day carrying a hatchet was not sufficient for holding the case against accused having been proved beyond reasonable doubt---Said prosecution witness did not even state that the hatchet present in the Court was the same which the accused was carrying---Extra-judicial confession allegedly made by the accused was of no credence having been made before two persons at the same time---Finding of High Court about the case being of no evidence did not suffer from any illegality such as misreading or non-reading of any material piece of evidence---Leave to appeal was refused to complainant by the Supreme Court in circumstances. JUDGMENT MUNIR A. SHEIKH, J.---The respondent was tried for murder of Muhammad Riaz by the learned Additional District Judge, Shorkot who through judgment, dated 15-10-1996, convicted him under section 302, P.P.C. and awarded him death sentence. He was also further directed to pay Rs.25,000 as compensation to the heirs of the deceased under section 544-A, Cr.P.C. and in default to undergo four months' S.I. In appeal filed by the respondent-convict and murder reference, the learned Judges of the High Court through the impugned judgment set aside the said conviction and acquitted him by holding that there was no evidence available against the respondent on the record. 2. Learned counsel for the petitioner in support of this petition maintained that evidence of P.W.5 to the effect that he had seen the respondent carrying hatchet on the fateful day which was allegedly used in the offence coupled with the…

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