Law: Pakistan Penal Code, 1860

Section: 34,302,364

Law: Criminal Procedure Code (V of 1898)

Section: 382B

(a) Penal Code (XLV of 1860)--- ----Ss. 364, 302 & 34---Kidnapping or abducting in order to murder, qatl-i-amd, common intention---Appeal against acquittal---Reappraisal of evidence---Benefit of doubt---Unwitnessed occurrence---According to the witnesses, the deceased was fatally shot within their view, whereupon they shifted him to the hospital in an injured condition---According to the autopsy report, deceased was brought to the hospital in dead condition by a police constable and there was nothing on the record to even obliquely suggest witnesses' presence in the hospital or the deceased being in an injured condition---Prosecution claimed that two strangers, not related to the accused or the witnesses, also saw the deceased lying critically injured at a canal bank and they also helped escort the deceased to the hospital---One of the said strangers was cited as a witness, but was subsequently given up by the complainant---Such aspects of the present case led the High Court to view the occurrence as being un-witnessed so as to extend benefit of the doubt consequent thereupon---View taken by the High Court was a possible view, structured on evidence available on the record and as such not open to any legitimate exception---Appeal against acquittal was dismissed accordingly. (b) Appeal against acquittal--- ----Scope---Acquittal once granted could not be recalled merely on the possibility of a contra view---Unless, the impugned view was found on the fringes of impossibility, resulting into miscarriage of justice, freedom could not be recalled. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Impugned herein is judgment dated 20-6-2013 of a learned Judge-in-Chamber of the Lahore High Court Lahore whereby he acquitted Imtiaz son of Mehr Ali and Jehangir son of Pehlwan, respondents from the charge; indicted by a learned Addl. Sessions Judge at Tandlianwala, they were returned a guilty verdict; convicted under section 302 read with section 34 of the Pakistan Penal Code, 1860, each was sentenced to imprisonment for life along with compensation of Rs.50,000/- for committing Qatl-i-Amd of Falak Sher deceased; they were additionally convicted under section…

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