Law:

Section:

Penal Code (XLV of 1860)--S.302/34---Special Courts for Speedy Trials Act (IX of 1992), S.13(5)--­Appeal against acquittal---Evidence available on record did not show that the accused had a knowledge that their co-accused was having a pistol---Accused in circumstances could not be held vicariously liable for the murder---Appeal against acquittal of accused was dismissed in limine. JUDGMENT JUSTICE MUHAMMAD RAFIQ TARAR (CHAIRMAN).---This State Appeal is directed against the judgment of the learned Special Court for Speedy Trials-II, Lahore, dated 7-12-1992 whereby the respondents Jamiluzzaman and Asafuzzaman were acquitted of the charge under section 302/34 of the P.P.C. 2. The respondents alongwith their brother Khalil-uz-Zaman were tried on the allegation that on 2-4-1992 at about 9-00 p.m. they quarreled with Mst. Aasia Perveen wife of aforesaid Khalil-uz-Zaman and during the course held her by her arms while Khalil-uz-Zaman fired a pistol shot hitting left side of her chest as a result of which she died at the spot. 3. At the trial Faqir Ullah complainant P.W.3, father of Mst. Aasia Perveen, and Muhammad Saeed P.W.4 supported the above prosecution version. 4. The respondents pleaded not guilty to the charge and denied the prosecution allegation against them. They stated that they were falsely implicated. 5. Learned State counsel contends that the respondents were acquitted by the trial Court on the…

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