Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 304, Part I &' 302---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal on the charge under S. 302, P.P.C.---Leave to appeal was granted to examine, inter alia, whether the Trial Court as well as the Appellate Court had applied correct principles of criminal law in explaining the recovery of blood-stained earth from the places 750 Karams away from each other and ' the injury of prosecution witness was possibly self-inflicted. (b) Penal Code (XLV of 1860)--- ----Ss. 304, Part I & 302---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal on the charge under S. 302, P.P.C.---Supreme Court would interfere only where the conclusion reached by the acquitting Court was such that no reasonable person would reach the same---Appeal having not measured up to the test the same was dismissed accordingly. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11 ref. JUDGMENT SAAD SAOOD JAN, J.---The respondents, Muhammad Amir and Muhammad Wazir, who are real brothers, were tried by the Sessions Judge at Muzaffargarh on two counts under section 302, read with sectijn 34, Pakistan Penal Code, for causing the death of their sister, Mst. Hamida and Zafar Hussain Shah. The learned Sessions Judge convicted them of offence under section 304, Part I read with section 34, Pakistan Penal Code and sentenced them to suffer rigorous imprisonment for a period of ten years and to pay fines of Rs.10,000. They preferred an appeal against their convictions and sentences before the High Court. The learned Chief Justice who heard the appeal maintained their convictions but reduced the sentences to the period of imprisonment already suffered by them. The complainant party also filed a revision petition to call in question their acquittal on the charges under section 302 but it was dismissed. It has now preferred this appeal by special leave of this Court. . 2. Mst. Hamida was married to one Manzoor. About a year before the occurrence she eloped with Zafar Hussain Shah. On the intervention of the Panchayat she was restored to the respondents about three months poor to the occurrence. Her husband later divorced her. 3. The…

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