Law:

Section:

Penal Code (XLV of 1860)----S. 302/34 read with Criminal Procedure Code (V of 1898), S. 417¬Murder Accused acquitted by High Court on benefit of doubt on account of existence of reasonable possibility of false implication and not because of rejection of eye witnesses' testimony as false Judgment of High Court showing conscious application of mind to facts of case and considerations weighing with High Court neither irrelevant nor insubstantial Held, conditions for setting aside an acquittal not satis¬fied in case. Zafar Mahmood, Senior Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate on Record for Petitioner. Nemo for Respondents Date of hearing: 11th February, 1980. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. The acquittal by the Peshawar High Court of the respondent in a case registered against him and his elder brother under section 302/34, P. P. G., has been called in question through this petition for leave to appeal. According to the prosecution, the respondent and his co accused who allegedly is still an absconder, waylaid Ghulam Rasul deceased a boy of 15 years of age. They were armed with guns. The respondent asked the absconder to kill (MARO) Ghulam Rasul whereupon the latter fired a shot at him, resulting in his death. The motive mentioned in the F. I. R. was that the deceased was suspected to have stolen a gun belonging to a brother of the accused. Learned counsel, however, Las explained that Raw this occurrence was also a sequel to the enmity between the families of the parties Ghulam Rasul's father also it is stated was murdered, by the respondent s party. The prosecution, amongst others, relied on testimony of two eyewitnesses. The defence plea was that of denial. The learned trial Judge convicted the respondent under section 304, P. P. C and sentenced him to 10 years' rigorous imprisonment and also fine of Rs. 2,000, on a finding that the use of word MARO' by the respondent signified that he did not intend killing' of the victim. On appeal from conviction a learned…

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