Law:

Section:

(a) Penal Code (XLV of 1860)--S. 307---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Leave to appeal was granted to consider the contention that occurrence having taken place during daylight, there was no reason why the complainant who was seriously injured should have falsely attributed the attack on him to the accused. (b) Penal Code (XLV of 1860)--- ---S.307---Constitution of Pakistan (1973), Art.185---Appeal against acquittal--­Accused had remained in jail for more than two years and appeal was against his acquittal---Accused in the circumstances was not sent back to the prison though sufficient evidence was available against him---Conviction of accused under S.307, P.P.C. was consequently restored with sentence already undergone and the fine was enhanced to Rs.50,000 which was directed to be paid by the accused to the complainant within one year as compensation and in default accused was ordered to undergo two years' R.I. further. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal by leave of the Court is directed against the judgment, dated 19-10-1993 of the Lahore High Court, whereby the conviction of Muhammad Anwar, respondent, on a charge under section 307, P.P.C. recorded by a Judicial Magistrate, Okara, was set aside. 2. According to the prosecution, on 3-9-1980 at about 5 p.m. the appellant was returning to his house. Suddenly, the respondent appeared with a hatchet and inflicted a number of hatchet blows on him. On hearing his cries, his brother Jafar and his cousin Khadim Hussain were attracted to the spot. They rescued him and removed him to the hospital. The statement of the appellant was recorded in the hospital on 5-9-1980 and on the basis of his statement, a case was registered against the respondent. 3. The motive alleged by the prosecution was that 14/16 years earlier a cousin of the respondent No.1 was murdered and the complainant was tried in that case but he was acquitted. The learned Magistrate accepted the prosecution case and convicted the respondent under section 307, P.P.C. and sentenced him to R.I. for a period of five years and fine of Rs.5,000. The appeal preferred by the respondent was accepted by the…

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