Law: Penal Code (XLV of 1860)

Section: 302,148,149,452,307

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)---   ---Ss.302, 148, 149, 452 307--Constitution of Pakistan (1973), Art. 185(3)--Appeal against acquittal--Misreading of evidence-­Reappraisal of evidence by Supreme Court--Ten respondents convicted by Trial Court under Ss.452, 307, 302/149 148, P.P.C.--Four sentenced to death and six to imprisonment for life with fine-­Prosecution was based on ocular testimony of five natural but interested eye-witnesses--Accused and complainant parties both having deep-rooted grievances against each other--No material or serious discrepancy found in statements of eye-witnesses which stood corroborated by motive, medical evidence and injuries of prosecution witnesses--High Court disbelieved immediate motive leading to occurrence, found medical evidence in conflict with ocular testimony and acquitted all the accused--Impugned of High Court suffering from infirmities--Appraisal of evidence made by Trial Court found more convincing and nearer to correct reading of evidence which was not open to interference by Appellate Court--Difficult to hold as to which of the accused made effective use of his weapon against two deceased, convicted accused who had been condemned to death by Trial Court, treated at par with other accused who were equally involved in the assault--Convictions ordered by Trial Court maintained but death sentences altered to imprisonment for life and additional fine imposed on each count.   (b) Penal Code (XLV of 1860)--   ---Ss.452, 302, 307, 149 148--Criminal appeal--Supreme Court--Safe dispensation of criminal justice--Appeal against acquittal--Reappraisal of evidence by Supreme Court--Contention that Supreme Court would refrain from reappraisal of evidence which had been properly weighed by High Court before giving its finding which is neither perverse nor against the weight of evidence on record--Impugned of High Court suffering from infirmities--.appraisal of evidence made by Trial Court found more convincing and nearer to correct reading of evidence which was not open to interference by Appellate Court-­Supreme Court having come to conclusion that findings of-the Court appealed from could not be maintained, had all…

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