Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd---Petition for leave to appeal challenging acquittal---Contentions on behalf of prosecution that it had successfully driven home charge against the accused beyond a shadow of doubt on the strength of ocular account furnished by the witnesses that included an injured witness with a massive injury; that investigative conclusions drawn up pursuant to a promptly lodged FIR, inexorably pointed towards culpability of accused, singularly arrayed in the crime report; that reference by the High Court to peripheral issues and stated durations of time were too trivial to override the preponderance of evidence that unambiguously excluded every hypothesis other than accuseds guilt; that stated lapses on part of the Investigating Officer, being inconsequential, certainly did not cast away prosecutions case, which otherwise was firmly structured on evidence furnished by independent witnesses---Supreme Court granted leave to consider the said contentions of the prosecution. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Indicted for homicide for committing Qatl-i-Amd of Sher Muhammad, within the precincts of Police Station Changlay, District Bonair, the respondent was convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860 by a learned Additional Sessions Judge vide judgment dated 10.10.2012; he was sentenced to death with a direction to pay compensation to the legal heirs of the deceased; on the coordinate charge of murderous assault on Mushtaq PW, he was sentenced to 7-years RI with concomitant monetary compensation; the High Court acquitted him from the charges vide impugned judgment dated 06.03.2015, vires…

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