Law: Penal Cafe (XLV of 1888)

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 imprisonment for life, however on appeal the High Court set-aside the conviction and sentence of accused---Contention on behalf of prosecution that in the face of overwhelming evidence primarily comprising ocular account by natural witnesses, there was no occasion for the High Court to rely on prosecutions alleged failure on peripheral issues, an error that, resulted into miscarriage of justice---Validity---Impugned reasoning recorded by the High Court showed that to overturn the conviction it had been swayed primarily by a plea of alibi supported by the prayer leader of the village mosque who, however, opted to stay away from the witness-box alongside the accused himself---Similarly, certain discrepancies in the site plan were viewed to prosecutions detriment without having been confronted to the witnesses during the trial---Unscathed survival of the witnesses was also received with suspicion by the High Court --- Nonetheless, the High Court did not appear to have taken any exception to the ocular account furnished by the witnesses of the locality, a small rural neighborhood, unanimously pointing their finger upon the accused---Supreme Court granted leave to reappraise the entire evidence with a view to secure the ends of justice. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Fazal Ilahi, 48, in the backdrop of a dispute over immovable property was shot dead at 8:00 p.m. on 1.1.2012 within the precincts of Police Station Zaida District Swabi; the incident was reported by his brother Iftikhar who singularly blamed Gul Rehman respondent for the crime; convicted by a learned Additional Sessions Judge at Swabi under clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to imprisonment for life vide judgment dated 16.7.2012, however, acquitted…

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