Law:

Section:

Penal Code (XLV of 1860)--Ss.302 & 452--Appeal against conviction--Reappraisal of evidence--Prosecution case disbelieved against co-accused--Medical evidence contradicting ocular testimony of eve-witnesses--Prosecution not coming forward with clear version of occurrence--Held, in the absence of clear and straightforward evidence brought by prosecution on record, mere doubtful narrations by prosecution witnesses against appellant would not carry credence against him unless the prosecution was able to bring on record ocular as well as circumstantial evidence of unimpeachable character--Prosecution having failed to prove its case against accused beyond any shadow of doubt, appeal accepted, impugned of High Court set aside and appellant acquitted. Aftab Farrukh, Senioe Advocate Supreme Court and Ch. Akhtar Ali, Advocate.-on-Record for Appellant. Raja Abdul Ghafoor, Advocate, Supreme Court and Ran M.Yousaf Khan, Advocate-on-Record for the Statt, Miara Abdur Rahman, Advocate-on-Record and Sh.Shaukat Ali, Senior Advocate Suftreme Court for the Complainant (only on 31-5-1988). Dates of hearing: 31st May and 1st June, 1988. JUDGMENT USMAN ALI SHAH, J.--This appeal by leave of the Court has arisen from the judgment dated 13-5-1984, passed by the Lahore High Court, Bahawalpur 13ench, whereby, (i) Criminal Appeal No.10 of 1982/BW-P and M.R. No.5 of 198' of the appellant against the judgment dated 31-1-1982 of the Additional Sessions Judge, Bahawalnagar, convicting the appellant under sections 302 and 452, P.P.C., for the murder of Khalid Farooq Wattoo and sentencing him under section 302, P.P.C. to death with fine of Rs.5,000, if realized to be paid to the heirs of the deceased as compensation, or in default to undergo further R.I. for two years and under section 452, P.P.C. to suffer 5 years' R.1. with a fine of Rs.1,000 or iin default to undergo further R.I. for six months' (ii) Criminal appeal against the :acquittal of Muhammad Yaqoob, the alleged accomplice of the appellant, were dismissed by the impugned judgment. The motive for the offence is that Mr. Khalid Farooq Advocate had two wives, namely, Mst. Nusrat and Mst. Shaheen Rizwana. Mst. Shaheen Rizwana is the…

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