Case Details

Citation(s)
2003 SLG 3005 = 2003 SLD 3005 = 2003 PLJ 400
Lahore High Court
Crl. A. No. 727 of 1996, heard on 12.3.2003.
Presented By: KH. MUHAMMAD SHARIF AND ASIF SAEED KHOSA,
Mr. Abid Saqi, Advocate for Appellant. Peerzada Mamoon-ur-Rashid, Advocate for
Respondents. Mr. M. Saleem Shad, Advocate for State.

JJ. SABIRAN BIBI-Appellant

VERSUS

.NAZIR etc-Respondents

Law: Penal Code (XLV of 1860)

Section: 302/148, 30

(i) Pakistan Penal Code, 1860 (XLV of 1860) Ss. 302/148-Appeal against acquittal of accused persons of charge of murder-Legality-No independent corroboration from any source to tainted testimony of interested and inimical eye-witnesses was available on record-Conflict between ocular account and medical evidence was apparent-F.I.R. was not recorded at the spot but same was recorded at hospital-Police at its own came to hospital-No crime empty was recovered from spot-Mere recovery of weapons on pointation of respondents was thus, of no avail to prosecution-Whole occurrence was shown to have taken place in bazar while blood-stained earth was taken into possession from inside courtyard of a shop-keeper-Judgment of acquittal rendered by Trial Court does not suffer from infirmity so as to call for interference by High Court.                                          [P: 404] A (ii) Pakistan Penal Code, 1860 (XLV of 1860) S. 30-Appeal against acquittal of charge of murder-Competency-Entire prosecution evidence, that is of motive, medical report, non-recovery of any empty from spot and in particular testimony of two eye-witnesses would show that findings of Trial Court were neither artificial nor shocking and ridiculous-Court of appeal would not interfere with acquittal merely because on reappraisal of evidence different conclusion from that of Court acquitting accused was possible provided both                           conclusions were reasonably possible-Interference            with acquittal of                           accused was thus, not…
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