Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Trial had rightly acquitted the accused of the charge on the basis that there was inordinate delay in reporting the crime; that purported witnesses' presence at the scene of occurrence was improbable; that the witnesses had enmity with the accused, and that there were contradictions in the depositions of witnesses---Moreover ocular account was in conflict with medical evidence qua number of injuries to the deceased---High Court converted accused's acquittal into conviction after it had itself disbelieved prosecution evidence qua two out of three accused, one with an identical role---Appeal was allowed and accused was acquitted of the charge. (b) Appeal against acquittal--- ----Presumption of innocence---Scope---Acquittal carried with it double presumption of innocence; it was reversed only when found blatantly perverse, resting upon fringes of impossibility and resulting into miscarriage of justice---Acquittal could not be set aside merely on the possibility of a contra view. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Muhammad Shafi alias Kuddoo, appellant herein, was tried along side Abdul Razzaq and Sakina Bibi, co-accused for committing qatl-i-amd of Khalil Ahmed at fajarwela on 15.2.2002 within the remit of Police Station Chunian, District Kasur. According to the complainant, on the fateful day, after offering fajar prayer, he was on way back home with Khalil Ahmed deceased a head of witnesses; as the deceased went past house of Sakina Bibi accused he was intercepted by the appellant as well as Abdul Razzaq. Upon exhortation, the appellant and Abdul Razzaq co-accused gave sota blows to the deceased; motive for crime is cited as alienation of immovable property by the deceased in favour of Sakina Bibi co-accused, his second wife as well as the appellant, a transaction that he attempted to revoke in the wake of differences with his better half. 2. The accused were indicted before the Additional Sessions Judge, who proceeded to acquit them vide judgment dated 30.10.2002 vires whereof were challenged through appeal admitted to the extent of present appellant…

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