Law: Criminal Procedure Code (V of 1898)

Section: Ss. 417 & 423

Law: Penal Code (XLV of 1860)

Section:

  Criminal Procedure Code (V of 1898), Ss. 417 & 423 -- Appeal against acquittal-Finding of fact-Appellate Court's power to examine evidence unlimited-Reversing order of acquittal No artificial rules can be laid down-View that before converting finding of acquittal into one of conviction Appellate Court must show that judgment of lower Court was manifestly wrong or perverse No longer good law.   Ahmed v. The Crown P L D 1951 F C 107 ; Crown - v. Sultan Ahmed P L D 1955 Bal. 1 ; Crown v. Abdul Majid P L D 1950 Bal. ; 13 and The State, v. Sadiq and another P L D 1960 Lah. 774 not fol.   Sheo Swarup and others v. King-Emperor A I R 1934 P C 227, and Anwar v. The Crown P L-13 1955 F C 185 rel.   Penal Code (XLV of 1860), S. 302-Deceased last seen with accused-Clothes and other articles of deceased recovered from accused-Natural inference that accused was connected with murder-Criminal trial-Evidence.   Besant Singh v. Emperor A I R 1927 Lah. 541 ; Muhammad Ali v. Emperor A I R 197O Lah. 61 and Billmorla alias Muhammad Hussain v. The State P L D 1958 S C (Pak.) 313 ref. '   Precedent-Criminal trial-Findings of one case cannot be transposed and applied to facts involved in another case-Each case to depend upon its own facts.   Conviction-Sufficiency of circumstantial evidence-Absence of hypothesis consistent with innocence of accused necessary.   Siraj v. The Crown P L D 1956 F.C 123 rel.   Penal Code (XLV of 1860), S. 3,02-Murder--Sentence Circumstantial.: evidence leading to conclusion that deceased was killed by two accused-No evidence as to: which accused caused fatal injury-Extreme penalty not awarded. JUDGMENT     A. R. KHARAL, J.--This is an acquittal appeal against the judgment dated the 30th August 1960 of the learned Additional Sessions Judge, (Mr. A. H. Kureishy) Karachi, acquitting the respondents for an offence under section 302, P. P. C. for which they were tried by the learned Judge. The Public Prosecutor has come in appeal against the order of acquittal. The prosecu tion case may be stated briefly; the details will follow when evidence against the respondents is discussed hereinafter…