Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)----S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to accused to examine whether acquittal of co-accused was in disregard to well-settled principles governing administration of criminal justice. (b) Penal Code (XLV of 1860)--S. 302/34--Appreciation of evidence--Acquittal of co-accused after disbelieving eye-witness who was disinterested--Reasons given by High Court for disbelieving said eye-witness not adequate--Occurrence took place before eyes of such witness in broad daylight and he witnessed occurrence from very close distance and named both the accused that they had fired from their .12 bore country made pistols at deceased when he was sitting and busy in reading newspaper in a dispensary--Medical evidence bore testimony in this behalf--Motive for offence was also proved by prosecution--First information report was lodged very promptly just half an hour after occurrence--Case of prosecution, held, was proved beyond any shadow of doubt--Order of High Court acquitting accused set aside and that of Sessions Judge convicting them restored by Supreme Court in circumstances. Khalid M. Ishaque, Advocate Supreme Court and Nizam Ahmad, Advocate-on-Record for Appellants. Hayat Junejo, Senior Advocate Supreme Court and Muzaffar Hasan, Advocate-on-Record for Respondents Nos. 1and 2. Abdul Ghafoor Mangi, AA.-G. and S.M. Abbas, Advocate-on-Record for the State. Date of hearing: 4th September, 1988. JUDGMENT USMAN ALI SHAH, J.--This appeal by leave of the Court has arisen from the judgment and order dated 14-2-1982 of the High Court of Sind at 'Karachi, wherein, Criminal Appeal No. 152 of 1982 of the respondents Nos 1and 2 against their conviction under section 302/34, P.P.C. and sentence to life imprisonment and with fine of Rs. 5,000 each, to be paid to the heirs of the deceased, by the learned Sessions Judge Sangar, vide his judgment date 12-8-1981, was accepted, by the impugned judgment. The prosecution story in brief, according to the F.I.R. is t4at on 8-8-1980A at about 4.30 p.m. Hamzo (deceased) was reading a newspaper in the dispensary of Ghulam Hussain (P.W. 2) when both the accused Muhammad Ali…

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