Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)---S.302---Re-appraisal of evidence---Solitary eye-witness stated that accused fired two successive shots at deceased hitting on his head and face--Description of actual attack and the assault on the deceased and the violence to his body through injuries were diametrically opposed to the description given by the first doctor who initially examined the injuries---Said doctor who had also an occasion to re-state the nature of injuries stated that all injuries were caused by blunt weapon but in cross-examination he clearly admitted that such injuries could have been caused by a sota or a rod---Previous statement of the eye-witness recorded under S.161, Cr.P.C. also indicated that he was not sure about the weapon of offence---Eye-witness account, held, stood negated in circumstances and High Court was fully justified not to rely on the eye-witness account of solitary evidence. (b) Penal Code (XLV of 1860)---S.302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal before Supreme Court---Complainant cannot be allowed to get the last seen evidence appraised by the Supreme Court in appeal against acquittal. (c) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal before Supreme Court---Prosecution, in appeal against acquittal, has to stick to the version given by prosecution witnesses---Where the prosecution was not sticking to the version of prosecution witnesses. benefit of doubt would go to the accused. Ghulam Sikandar v. Mamraz Khan PLD 1985 SC 11 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ .----This Criminal Appeal through leave of the Court is directed against the acquittal by the High Court of respondents Nos.l and 2 in a case of murder. Leave to appeal was granted after noting the following facts and circumstances: That on 14-9-1987 P:W.16 Muhammad Tahseen informed the police station Wah Cantt. that his brother Muhammad Naeem deceased did not tun up during the night. The deceased was lying in a Jawar field in unconscious condition. The complainant expressed his belief that his brother was murdere by the two accused. The accused were treated under section…

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