Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd---Appeal against acquittal---Re-appraisal of evidence---Acquittal of accused---Benefit of doubt---Delay in F.I.R.---Conviction under S.302(b), P.P.C. and sentences of death awarded by Trial Court was set aside by High Court and accused was acquitted---Validity---Delay of nine hours in lodging F.I.R. and motive set was trivial in nature---Both the eye-witnesses were closely related to deceased as son and nephew---Occurrence had taken place in a broad daylight at public place but not a single witness appeared to support prosecution case---Injuries suffered by deceased were merely abrasions and finding that it reflected conflict between ocular account and medical account was not conjectural---Finding of acquittal in favour of accused was neither against evidence led nor arbitrary---Supreme Court declined to interfere in of acquittal passed by High Court---Leave to appeal was refused. Sh. Khizar Hayat, Advocate Supreme Court for Petitioner. Mazhar Sher Awan, Additional P.-G. for the State. Date of hearing: 28th June, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Respondent Muhammad Nawaz was tried in the case registered vide F.I.R. No.196 of 2001 dated 17-11-2001 under section 302, P.P.C. at Police Station Tarkhani, Samundri on the allegation that on the fateful day and time, he intentionally ran over his tractor on Ghulam Qadir and caused his death (complainant's father). The motive alleged was that the appellant Saeed Ahmed complainant/P.W.8 owed a sum of Rs.100 to the appellant and on refusal of the complainant, the respondent resorted to abuses which prompted the deceased to rebuke the appellant which provoked him and he caused the intentional murder. The learned trial Court convicted the respondent under section 302(b), P.P.C. and sentenced him to death. The learned High Court however allowed the appeal as it found that the prosecution had failed to prove its case beyond reasonable doubt to sustain conviction. 2.…

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