Law:

Section:

Criminal trial--- ----Murder---Petition against acquittal---Reappraisal of evidence---Benefit of doubt---Occurrence took place during the night and the natural witnesses of the occurrence, i.e. the wife and children of deceased had not been produced before the trial court as eyewitnesses---Eyewitnesses produced by the prosecution were chance witnesses and the stated reason for their presence with the deceased at the relevant time had never been established before the trial court through any independent evidence---Person who could have established the motive set up by the prosecution was not produced before the Trial Court---Different motive had been set up by the prosecution during the trial but the said motive had not been confirmed by one of the alleged eye-witnesses---Alleged recovery of weapon from the custody of accused was legally inconsequential because admittedly the crime-empties had been sent to the Forensic Science Laboratory after arrest of accused and after recovery of the weapon from his custody---High Court had rightly extended the benefit of doubt to accused---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- None has entered appearance to prosecute this petition on behalf of the petitioner nor any request has been received seeking an adjournment. 2. After going through the memorandum of this petition, the impugned judgment passed by the High Court, and the relevant record of the case, we have noticed that the occurrence in this case had taken place at 11.00 P.M. during a night and the natural witnesses of…

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