Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185 (3)-Penal Code (XLV of 1860), Ss. 302 & 326-Sentence Leave to appeal was granted to re-examine case with a view to see whether :firstly a reasonable possibility could not be excluded that one person could have caused injuries and not more than one person ; and secondly, in case all three brothers involved in occurrence and had also come armed with spears, this act on the part of all of them could be treated as without premeditation and if not whether it was a fit case for lesser sentence.-[Sentence]. (b) Penal Code (XLV of 1860) -- Ss. 302 & 326-Criminal Procedure Code (V of 1898), S. 417-Constitution of Pakistan (1973), Art. 185-Appeal against acquittal Setting aside of acquittal by Supreme Court-Important and consistently followed principles in setting aside acquittal by Supreme Court stated. In an appeal against acquittal the Supreme Court would not on principle ordinarily interfere and instead would give due weight and consideration to the findings of Court acquitting the accused. This approach is slightly different from that in an appeal against conviction when leave is granted only for the re-appraisement of evidence which then is undertaken so as to see that benefit of every reasonable doubt should be extended to the accused. This difference of approach is mainly conditioned by the fact that the acquittal carries with it the two well-accepted presumptions : One initial, that, till found guilty, the accused is innocent ; and two that again after the trial a court below confirmed the assumption of innocence. The acquittal will not carry the second presumption and will also thus lose the first one if on points having conclusive effect on the end result the Court below : (a) disregarded material evidence ; (b) misread such evidence ; (c) received such evidence illegally. In either case the well-known principles of re-appraisement of evidence will have to be kept in view when examining the strength of the view expressed by the Court below. They will not be brushed aside lightly on mere assumptions keeping always in view that a departure from the normal principle must be necessitated by obligatory observance of…

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