Law: Penal Code (XLV of 1860)

Section: 304,308

Penal Code (XLV of 1860) Ss. 304 308 Appreciation of evidence Recovery memo showed that crime empties were recovered from courtyard of complainant which had shown that fire was shot by the complainant party Injuries on persons of prosecution witnesses were very minor in nature and on non-¬vital parts of bodies of injured Complainant party did not speak the truth either before police or before Trial Court Nothing incriminating was recovered from the accused Co accused had been found innocent and were acquitted Case of accused was on similar or better footing than that of acquitted co accused Complainant in order to take possession of land in dispute had not adverted to due process of law and had come to place of occurrence armed with deadly weapons to take forcible possession of land in dispute as a result of which deceased lost his life Injuries on three persons from the side of accused were suppressed by complainant Defence version put by accused appeared to be more reasonable and near to truth in view of venue of occurrence and recovery of crime empties Prosecution having failed to prove its case against accused beyond any reasonable doubt, conviction and sentence recorded against him by Trial Court were set aside. Imran Aziz Qureshi for Appellant. S.D. Qureshi for the State. Date of hearing: 21st November, 2001. JUDGMENT This judgment will dispose of Criminal Appeal No.559 of 1992 filed by Abdul Sattar, appellant who was convicted under section 304, P.P.C. and sentenced to 10 years R.I. with a tine of Rs.10,000, in default six months R.I. and also 2 years R.I. with a fine of Rs.1,000 in default 3 months R.I. under section 308, P.P.C. by the learned Additional Sessions Judge, Gujranwala vide judgment, dated 24 6 1992. Criminal Appeal No.1091 of 1992 filed by the State against the acquittal of respondents Abdul Jabbar, Abdur Rehman, Muhammad Akram, Abdul Sattar, Muhammad Aslam, Bashir, Aish and Liaqat shall also be disposed of through this single judgment as in that appeal, notice had been issued to the respondents. 2. Occurrence in this case had taken place at 8 p.m. on 21 3 1989 at a distance of 12 miles from Police Station Wandhoo, District Gujranwala while…

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