Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd---Single injury sustained by the deceased at right side of his head was attributed to the two nominated accused and the Trial Court as well as the High Court without properly attending to the question of liability vis-a-vis the injury, had held the accused guilty---Leave to appeal was, therefore, granted to accused to re-appraise the evidence to ascertain the question of his guilt in the case. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appraisal of evidence---Ocular testimony was not consistent with medical evidence---Occurrence in view of medical evidence appeared to have taken place in the dark of night than in broad-daylight as alleged by the prosecution---Basing the conviction and capital punishment of accused on the evidence of eye-witnesses found to be untruthful by the courts below, was contrary to the settled principles and constituted miscarriage of justice---Falsity of the ocular witnesses had led to the conclusion that the occurrence was un-witnessed---Two most credible witnesses of the crime, who could have testified as to the time and circumstances of the occurrence, were neither associated with the investigation nor examined in the court, reason for which could not be explained---No crime empties, blood, brain matter or pellets were gathered from the site---Guns recovered from the accused and his acquitted brother co-accused, were not sent to the Forensic Science Laboratory for examination and testing---Close relationship of the eye-witnesses with the deceased, although was not by itself sufficient to discard their testimony, yet had strongly suggested the same to be tainted one---Circumstances had negated the probative value of the ocular evidence---Accused was acquitted in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Syed Ali Imran, D.P.G. for the State. Date of hearing: 12th May, 2010. JUDGMENT JAWWAD S. KHAWAJA, J.---The appellant Liaqat Ali impugns the of a learned Division Bench of the Lahore High Court, whereby his conviction under section 302(b), P.P.C. by the learned trial Court, was affirmed…

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