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---Shootout in an educational institution---Contentions on behalf of complainant that both the courts below, by acquitting the accused and co-accused (proclaimed offender), ran into grievous error by relying upon reticent deposition by the injured witnesses, notwithstanding, that other eye witnesses present at the spot categorically named the accused as well as the co-accused, both for spearheading the assault in a unison inside an educational premises; that forensic report confirming use of two different weapons with three empties wedding one weapon left at the spot, was a circumstance that heavily reflected upon the culpability of accused and co-accused---Validity---Though both the injured witnesses categorically confirmed receipt of fire shot injuries at the stated venue and point of time in the backdrop suggested in the crime report, however, given their positions in the opposite direction in a crowded canteen, they had not visually seen the accused and co-accused, taking on the deceased, a shortcoming seemingly made up by other witnesses present at the spot---In the totality of circumstances and having regard to the absconsion of the co-accused, the Supreme Court granted leave so as to reappraise the entire evidence. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- A shoot out within the precincts of Jehanzaib College Saidu Sharif Swat resulted into multiple casualties, each youthful; Muhammad Fawad (PW-6), Zafar Ali (PW-9) survived the life of fire, however, Muhammad Musa and Hashim Khan succumbed to their wounds. The petitioner along with Nasir, since proclaimed offender, was arrayed as the culprits in the crime report lodged by Muhammad Daud Khan (PW-18); during the trial, he was joined by other witnesses. Prosecution failed at the first tier as a learned Additional Sessions Judge acquitted the respondent…

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