Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Petition for enhancement of sentence of convict as well as against acquittal of co-accused--It is well settled by now that there is double presumption of innocence attached to an order of acquittal of an accused and only strong and exceptional grounds are required to dislodge an order of acquittal, which, do not exist in instant case--Petition dismissed.                                                                        [P. 143] A Mr. Muhammad Ajmal Kanju, ASC for Petitioner (in J.P. No. 708/2017). Mr. Mazhar Hayat, ASC for Petitioner (in Crl.P. 1311-L/2017). Mr. Ali Hassan, Addl.PG. for State. Date of hearing: 2.12.2025. Judgment Muhammad Hashim Khan Kakar, J.--Through Jail Petition No. 708/2017 the petitioner-convict, Muhamad Azim, has assailed the judgment dated 15.09.2017, passed by the Lahore High Court, Lahore, whereby the appeal against his conviction under Section 302(b), PPC was dismissed, however, his sentence of death was reduced to that of imprisonment for life, whereas he has been acquitted from the offences under Sections 337-A(i), 337-F(i) and 337-L(ii), PPC. Additionally, Criminal Petition No. 1311-L/2017 has been filed for enhancement of sentence of the convict from life imprisonment to death and against the acquittal of the co-accused, Haider Ali. 2.       Precisely stating the facts of the case, as narrated in the impugned judgment, are that: “2.      Prosecution story, as set out in the FIR (Ex.PA/1) registered on the application (Ex.PA) of Haji Muhammad Arshad, complainant (PW.9) is that he was resident of Mauza Saroki Cheema and established a hotel in Saroki Chowk. On 04.09.2012 at about 12.00 noon, the complainant was present at the hotel when Muhammad Farooq informed…