Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Petition for leave to appeal challenging acquittal---Accused was convicted by Trial Court under S. 302(b), P.P.C. and sentenced to death, however on appeal the High Court set-aside the conviction and sentence of accused---Contentions on behalf of prosecution that in the face of overwhelming evidence furnished by natural witnesses having no axe to grind with the accused, there was no occasion for the High Court to acquit the accused from the charge, squarely structured on proof beyond doubt; that the impugned view of the High Court, seemingly based upon various circumstances, considered by it as suspect, mostly related to peripheral or investigative flaws, with no bearing upon the preponderance of ocular account furnished by the witnesses who had satisfactorily explained their presence at the spot; that in the wake of accuseds absconsion, a negative forensic report did not adversely affect the prosecutions case nor non-mentioning of specific caliber of the weapon could destroy the intrinsic value of the testimony that successfully withstood the test of cross-examination, particularly having regard to the criminal record of the accused---Supreme Court granted leave to consider the said contentions and to reappraise the entire evidence. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- In broad daylight, Javed Ali Shah, 40, was shot dead within the precincts of Police Station Lahore District Swabi; First Information Report was lodged by his uncle Syed Sardar Shah (PW-3) wherein he blamed the respondent, a previous convict, as the sole culprit, in the backdrop of a previous altercation. Autopsy conducted at 1:05 p.m. confirmed four entry wounds with corresponding exits. Respondent stayed away from the law and was finally spotted in a prison at Takhat Bhai wherefrom he was transposed as an accused in the present case; pursuant to a disclosure, he led to the recovery of a .30 caliber pistol, however, incompatible with the casings secured from the spot. A learned Additional Sessions…

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