Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 417

Penal Code (XLV of 1860)--- ----S.302---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd---Appeal against acquittal---Re-appraisal of evidence---None had witnessed the crime directly and the evidence was merely based upon assumption and presumption about the past conduct of accused with the deceased---Conviction could not be granted or maintained solely on the basis of presumption; rather it was the duty of the prosecution to establish the charge through consistent and confidence inspiring evidence, which was lacking in the present case---Unnatural death of the deceased, was neither supported by Medco-legal Certificate and report of Chemical Examiner, nor by any other piece of evidence---Prosecution, had failed to bring on record any documentary evidence to establish the charge against accused---No direct ocular testimony was on record---Medical evidence did not support the allegations levelled by the prosecution---Entire material, so produced by the prosecution did not connect accused in any manner---Prosecution case against accused being highly doubtful, Trial Court after proper appraisal of material available on record, had rightly acquitted accused---Minute scrutiny of prosecution case, had justified the acquittal order passed by the Trial Court---Double presumption of innocence was attached to the order of acquittal---Order of acquittal passed by the Trial Court, was neither arbitrary, capricious, fanciful, nor contrary to the evidence brought on record---Interference in of acquittal was declared by the High Court---Appeal was dismissed in limine. Nasrullah alias Nmasro v. State 2017 SCMR 724 ref. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This judgment disposes of Criminal Acquittal Appeal No.39 of 2018 filed by the appellant/complainant Muhammad Jan son of Dad Muhammad, against the judgement dated 10th February 2018 (hereinafter referred as, "the impugned judgment") passed by the learned Additional Sessions Judge-II, Quetta (hereinafter referred as, "the trial Court"), whereby the accused/respondent No.2 Muhammad Wazir son of Muhammad Zahir, was acquitted of the charge under Section 302 P.P.C. 2. Facts of the case are that on 22nd January…

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