Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.302, 148 & 149---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd, rioting, common object---Appeal against acquittal---Appreciation of evidence---Medical evidence had contradicted the ocular account, which had created serious dents in the prosecution version going to its roots---During the course of investigation, it came into limelight, that none of respondents/ accused persons had committed the offence but two other persons were real culprits---Statement of the complainant, could not be taken as a gospel truth without independent corroboration---One guest of the complainant, who had reached the house of complainant in order to attend marriage ceremony, was quite independent witness, but was not produced during the course of trial in support of the prosecution version, but was given up for the reasons best known to the prosecution---Scaled site plan, was at variance with the stance, advanced by the complainant in the crime report with regard to distance between accused and the deceased---Accused persons remained on physical remand for full period, but nothing was recovered from their possession---Not only accused persons, were found innocent during the course of successive investigations, but Investigating Officer had also prepared discharge report in that regard---Trial Court had not committed any misreading or non-reading of evidence available on record---Conclusion drawn by the Trial Court was just and proper, which needed no interference by High Court---Counsel for appellant/complainant, had failed to point out any evidence on record, which was required to convict a person on the charge of capital sentence---Whole prosecution case was full of conjectures, surmises and suspicions, which could not be made basis for conviction in a case of murder; and what to talk of appeal against acquittal, when the presumption of innocence, would become double in such like cases---Acquittal of the Trial Court, was upheld, in circumstances. Muhammad Tufail v. The State PLD 2002 SC 786; Muhammad Safdar v. The State PLD 2002 SC 781 and Ghulam Mustafa and another v. Mamraz Khan and others PLD 1985 SC 11 rel. (b) Criminal…

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