Law: Penal Code (XLV of 1860)

Section: 302/34

Penal Code (XLV of 1860)-   ---S.302/34--Leave to appeal--Evidence--Trial Court convicting and sentencing accused to death but High Court acquitting them--Contention that there was no justification on part of High Court in rejecting evidence proving guilt of accused, particularly in presence of testimony of approver corroborated by recoveries made from house of accused of deceaseds belongings as well as evidence of his extra-judicial confession--Leave to appeal granted to consider whether grounds of rejection of evidence against accused were proper and in accordance with accepted principles of safe administration of criminal justice.   ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the acquittal of respondents Suba Khan, Khalid Mahmood and Muhammad Siddiq. Learned counsel submits that respondents Khalid Mahmood and Muhammad Siddiq have since died. Therefore, their names be deleted from the list of respondents. Their names are accordingly deleted. This leaves only Suba Khan respondent in the field. Briefly the facts are that all the three respondents were tried under section 302/34, P.P.C. for the murder of Akhtar Hussain Shah and the trial Court convicted them under the aforesaid sections sentencing each of them to death plus fine. On appeal the Lahore High Court set aside their conviction and sentence and acquitted them. The dead body of the deceased was found hanging with a rope by the ceiling of an uninhabited house in the village. There is no eye-witness of the occurrence and the case of the prosecution is based on circumstantial evidence. The death was caused due to asphyxia and shock caused by dislocation of cervical vertebra. The hands were tied with a rope in front, and the doctor had opined that it was homicidal strangulation. The deceased was last seer,…

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