Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)--- Qatl-e-amd--- Reappraisal of evidence--- Rule of consistency--- Case of accused identical to that of acquitted co-accused---Conviction based exclusively on motive---Legality---Case against acquitted co-accused was based only upon the motive set up by the prosecution and his alleged absconsion for a period of about 2 years---Supreme Court found that case against said co-accused was practically a case of no evidence, and thus he was acquitted of the charge---Case of present accused was even on a better footing on merits than that of acquitted co-accused, as the only evidence produced by prosecution against accused was in the shape of an alleged motive---Convictions and sentences of accused were set aside in circumstances and he was acquitted of the charge---Appeal was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-e-amd--- Conviction based exclusively upon motive---Legality---Accused person could not be convicted on a charge of murder exclusively on the basis of a motive alleged against him. M. Zaman Bhatti, Advocate Supreme Court for Appellant/Petitioner. Ahmed Raza Gillani, Additional Prosecutor-General, Punjab for the State. Date of hearing: 30th January, 2014. ORDER Criminal Miscellaneous Application No.744 of 2011 ASIF SAEED KHAN KHOSA, J.---It appears that on account of some inadvertence by the office of this Court the paper-book prepared for this Jail Petition reflected that this petition had been filed only by Faqir Hussain convict whereas this petition had in fact been filed not only by Faqir Hussain but also by the present petitioner namely Sabir Hussain who was also a convict having a case almost identical to that against Faqir Hussain. This petition had been converted into Criminal Appeal No. 138 of 2007 to the extent of Faqir Hussain and subsequently the said appeal had been allowed by this Court on 17-11-2011, the convictions and sentences of Faqir Hussain had been set aside and he had been acquitted of the charge. Upon a note put up by the office it had been ordered by one of us (Asif Saeed Khan Khosa, J.) on 23-11-2011 that the present petition may be fixed before the…

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