Law:

Section:

Penal Code (XLY of 1860), S. 302 and Constitution of Pakistan (1962), Art. 58-Murder-Petition for Special Leave to Appeal to Supreme Court-Grounds raised pertaining merely to question of appreciation of evidence-Leave refused. Syed Muhammad Anwar, Advocate Supreme Court instructed by Kh. Wall Muhammad, Advocate-on-Record for Petitioner. Nazir Ahmad Khan, Advocate Supreme Court (Eitzaz Hussain, Advocate Supreme Court with him) instructed by Muhammad Nazar Khan, Advocate-on-Record for Respondents Nos. 1-5. Khawaja Shaukat Ali, Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record for Ijaz Ali Sheikh, Advocate­-on-Record for the State. Date of hearing : 1st November 1971. ORDER MUHAMMAD YAQUB ALI, J.-The High Court has set aside the convictions and sentences passed on the respondents under section 302 read with section 149, P. P. C. for the murder of their co-villager Ali Ahmad. On a detailed analysis of the evidence led by the prosecution and the plea of defence raised by the accused the learned Judges observed :- "The above discussion clearly highlights the inability of the prosecution to reconcile the various points arising from the evidence which it is obvious are most material to the case. The prosecution story is also wide open to the defence suggestion that the deceased while coming on a bicycle had been killed by some unknown assailants who had thrown his dead body in the watercourse to conceal the evidence of the crime and that after the dead body and the bicycle of the deceased had been recovered and the assailants could not be traced in spite of effort made with the help of trackers, the appellants had been implicated on mere suspicion. It will be hazardous to rest…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492