Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 302 Constitution of Pakistan (1973), Art. 185(3) Petition for leave to appeal against acquittal Contention that High Court was not justified in rejecting on mere assumption that the direct disinterested evidence was fully corroborated by ‘medical and other circumstantial evidence including the recovery of crime empty and the report of Forensic Science Laboratory, required consideration Leave to appeal was granted accordingly. JUDGMENT FAZAL ILAHI KHAN, J.Leave to appeal is prayed for by the complainant against the order/judgment of the learned Lahore High Court,’ Multan Bench, Multan; whereby respondent No.l was acquitted of the charge of murder of petitioner’s father, namely, Ali Baig on acceptance of his appeal against the judgment of learned Additional Sessions Judge in murder reference. The prosecution case set up in the F.I.R. in brief is that Ali Baig deceased had tethered his camel outside his house in the open space when at about 1 30 a.m. (mid night) he heard barking of his dog. He and his sons Ali Murad (P.W. 6) and Dil Murad (P.W. 8) got up and went outside apprehending some fowl play. He saw in the light of torch Kathu son of Mohabbat armed with Dang, Gul Muhammad alias Gullu armed with Dang, Ayub armed with .12 bore gun and Muhammad Ali armed with a Dang who were taking away the camel. He challenged the thieves to stop but they forbade him not to come forward and stay away from them. The P.Ws. were, however, successful in overpowering Kathu and on seeing this Ayub respondent fired a shot which hit the complainant who fell down on the ground. Rest of the accused fled away leaving the camel at the spot. On way to the hospital the complainant made his statement before Khadim Hussain, ASI (P.W. 10). At the trial reliance was placed on ocular testimony of Ali Murad (P.W. 6) and Dil Murad. (P.W. 8), the dying declaration, medical evidence,…

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