Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)-- ---S.302---Appreciation of evidence---Ocular version was not found compatible with medical evidence as eye-witnesses by making improvements had attempted to bring the same in line with medical evidence---Eye-witnesses were not found to have seen the occurrence who had concocted story against accused and occurrence was thus an un-witnessed incident---Circumstantial evidence was not in conformity with ocular evidence---Recovery witness was related to complainant and was not resident of locality which cast serious doubt over genuineness of recovery memo and recovery was not found to have been made in his presence-- No weapon of offence was recovered and there was no expert opinion if the two recovered empties were fired from one weapon or more---Motive was not established by prosecution---Prosecution, thus had failed to prove its case against accused beyond any shadow of doubt---Accused was acquitted in circumstances. Zahoor-ul Haq, Advocate for Appellant. Malik Hamid Saeed, Asstt. A.-G. for the State. Date of hearing: 28th November, 1989. JUDGMENT MUHAMMAD ISHAQ KHAN, J.--Rafiuddin alias Paddi, son of Ghanam Din, aged 21/22 years, resident of Wali Khan Banda, accused-appellant, faced trial alongwith his father Ghanam Din (since acquitted) in the Court of Sessions Judge, Karak on a charge a/s 302/34, P.P.C. The learned trial Judge found the accused-appellant guilty of the offence, convicted and sentenced him to undergo life imprisonment and to pay a fine of Rs.15,000 or in default thereof to suffer further 2 years' R.I. The fine, if realised, was ordered to be paid to the legal heirs of the deceased as compensation a/s 544-A, Cr.P.C. The benefit of Section 382-B, Cr.P.C. . was also extended to the accused-appellant. By the same; judgment, the learned Sessions Judge, however, acquitted the co-accused of the appellant, namely, Ghanam Din. The convict has filed Cr.Appeal No.53/88 against his conviction and sentences. The State has filed an appeal bearing No.151/88 against the judgment of the learned Sessions Judge, Karak, dated 20-2-1988 whereby Ghanam Din accused-respondent was acquitted. There is also a Cr.RevisiowNo.23/88, filed by…