Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Reasons which had weighed with the High Court in acquitting the accused were, that it was not believable that a grown up son would join hands with his mother and her paramour to kill his own father, that the accused could not select a time to kill the deceased when the neighbourhood had already woken up, that the eye-witnesses were not only closely related to the deceased but were also chance witnesses of the occurrence, and that no evidence was available on record to suggest any, estrangement of relations between the deceased and his wife---Said, reasons offered by High Court were unexceptionable in reaching the conclusion that the charge against the accused was,, not proved beyond all doubts---Leave to appeal was declined td complainant by the Supreme Court in circumstances. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This petition calls in question the judgment dated 1-8-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Appeal No.193 of 1998 whereby one Bakhtawar alias Bakha, convicted by the learned Trial Judge under section 302, P.P.C. and punished inter alia with death, was acquitted of the said charge. 2. One Nazir Ahmed complainant had alleged through F.I.R. No. 130 dated 105-1995 of Police Station Ghazi Abad of District Sahiwal that on the night between the 9th and the 10th of May, 1995 his brother Haq Nawaz was sleeping in the cattle shed constructed by him in Square No.45; that at about 5-00 a.m. the complainant went out of his house to ease himself when he heard alarm originating from the above mentioned cattle shed of his brother, that the complainant rushed towards the same and saw Ahmed Yar, Mst. Ghulam Fatima and Bakhtawar out of whom the said Bakhtawar was armed with a rifle, standing near the cot of his brother Haq Nawaz; that Ahmed Yar accused at that juncture asked Bakhtawar to fire the shot who obliged as a result of which Haq Nawaz deceased received a fire-arm injury on his front chest; that in the meantime Naseer (given up) and Zahoor P.W.7 also reached the place of occurrence; that the assailants then ran away…

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