Law:

Section:

Penal Code (XLV of 1860)---S. 302-Appreciation of evidence-Parties having existing enmity and prosecution demonstrated to have falsely implicated accused and testimony of prosecution witnesses not relied upon-Medical evidence contradictory and motive for crime not proved-Appeal accepted and accused acquitted, in circumstances. ORDER ASLAM RIAZ HUSSAIN, J.--Pir Bakbsh, appellant, was tried along with his mother Mst. Azmat, his two maternal uncles Khawand Bakbsh and Allah Bakhsh and one Muhammad Ashraf, for the murder of Manzoor Hussain. The learned trial Court acquitted Mst. Azmat but convicted Pir Bakhsh and three co-accused under section 302/34, P. P. C. Pir Bakhsh was sentenced to death while the remaining three were sentenced to imprison­ment for life. Each of them was also sentenced to a fine of Rs. 1,000 and in default of payment thereof, to further one year R. I. each. The fine if recovered, was ordered to be paid to the legal heirs of Manzur Hussain, deceased under section 544-A, Cr. P. C: 2. Feeling aggrieved, all four of them filed a joint appeal before the High Court. The High Court accepted the appeal with respect of Khawand Bakhsh, Ahmad Bakhsh and Muhammad Ashraf, and acquitted them, but dismissed the appeal qua Pir Bakhsh appellant, upheld his conviction and maintained his sentence. The petitioner then approached this Court through Cr. P. S. L. A. No. 30/1978. Mst. Ghulam Fatima, the first informant and mother of the deceased also filed a Cr. P. S. L. A. (No. 18/78) against the acquittal of the three accused. After going through the evidence, the Court observed that there appears to be a prima facie justification for the re-appraisal of the evidence in accordance with the principles of safe administration of justice. Leave was, therefore , granted in Cr. P. S. L. A. No. 30/78 filed by the appellant. Cr. P. S. L. A. No. 18/1978 was, however, dismissed as barred by limitation. 3. We have heard the learned counsel for the petitioner and the learned State counsel at length and have gone through the impugned judgment as well as the relevant portions of the evidence on the paper-book with their assistance. 4. The incident took place at about 10-30 a.m.…

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