Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 417

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 417 [as amended by the Code of Criminal Procedure (Second Amendment) Act (XX of 1994)]---Qatl-i-amd---Reappraisal of evidence---Petition for leave to appeal challenging acquittal---Accused was first acquitted by the Trial Court way back on 28-9-1992---Notwithstanding the fact that the State did not opt to challenge his acquittal, the High Court remanded the entire case while taking the accused as well as the convicted co-accused on board in the absence of any appeal pending before it---Statute provided appeal against acquittal to the complainant or an aggrieved person by amending the Code of Criminal Procedure, 1898 through the Criminal Procedure (Second Amendment) Act, 1994, notified on 14-11-1994 and, thus, there was no statutory basis for accuseds subsequent prosecution, which though again resulted into his acquittal---Such error had duly been noticed by the High Court in the impugned ---Even otherwise, Trial Courts analysis where under the accused was acquitted from the charge presented a possible view that did not call for interference---Petition for leave to appeal was dismissed and leave was refused. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Sial Khan, respondent, is in the array of the accused, in a case of homicide wherein Noora Jan deceased 55/56 was shot dead at 7:00 p.m. on 9.9.1989 within the precincts of Police Station Doaba; the deceased received two fire shots on his chest, attributed to the respondent alongside Pirat Khan, since convicted; the latter came up with a botched cross-version, registered vide separate First Information Report of even date. The learned trial Judge held Pirat Khan responsible for both shots to the deceased and proceeded to acquit three co-accused including the respondent vide judgment dated 28.09.1992, set aside by the Peshawar High Court vide judgment dated 20.12.1993 whereby the case was remanded for decision afresh after affording opportunity of hearing to the…

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