Law:

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Constitution of Pakistan (1973)-----------Art. 185-Penal Code (XLV of 1860), S. 302 read with Criminal Procedure Code (V of 1898), Ss. 417 & 423-Murder-Acquittal of accused appellant set aside by High Court in appeal-High Court placing reliance on mere words of witnesses in regard to appellant's role in having fired an effective shot-Interested and inimical ocular testimony, disbelieved as against other accused, accepted against appellant without independent corroboration-Opinion of trial Court that involvement of appellant was not established beyond reasonable doubt upheld-Appellant given benefit of doubt and acquitted.­[Benefit of doubt]. Sahibzada Akhtar Munir, Advocate Supreme Court instructed by J. D. Akharji, Advocate-on-Record for Appellants. Mian Muhammad Ajmal, Advocate Supreme Court instructed by M. Qasim Imam, Advocate-on-Record for Respondents. Date of hearing: 14th November, 1983. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.-This is a direct appeal under Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973, and arises from an order of the Peshawar High Court, Peshawar, dated the 17th of December, 1981, whereby the acquittal of the appellant was - set aside, and he was convicted under section 302, P. P. C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,OC0 as compensation under section 544-A, Cr. P. C. or in default to undergo R. I. for six months. The appellant alongwith his father Azim Khan and Muhammad Ayaz Khan, a cousin of his father, were tried for the murder of Mir Sahib Shah, but were acquitted by the Sessions Judge, Bannu by judgment dated the 31st of October, 1977. The State preferred an appeal against their acquittal which succeeded to the extent as aforestated. The prosecution case was that the deceased was facing trial alongwith another person in a case registered under section 182, P. P. C. On 31st of May, 1976, as he alongwith Gulabat Khan and Abbas Khan were returning to their houses at Rotivela time after attending the hearing of the case, the appellant and his two accomplices emerged from a lane, in Mohallah Tori Qazi, Bannu City, and while Azim Khan gave a Lalkara, the appellant and…

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