Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the contentions that medical evidence on the record strongly militated against the ocular account giving rise to serious doubts regarding the veracity of the eye-witnesses and' that the evidence which was not accepted against the acquitted accused could not be relied upon against the accused. (b) Penal Code (XLV of 1860)--S. 302---Appreciation of evidence---Prosecution evidence did not appear to be divisible creditwise for the purpose of rejecting it against the acquitted accused and accepting the same against the accused to convict him---Medical evidence was not in line with the ocular account---Prosecution had failed to fix the responsibility of firing the fatal shots on the accused by producing best possible oral or circumstantial evidence---Evidence of interested eye-witnesses needed corroboration by evidence of high quality which was missing ---Eye­witnesses had not seen the occurrence as claimed by them---Accused was acquitted in circumstances. Muhammad etc. v. The Crown PLD 1954 FC 84; Ata Muhammad etc. v. The State 1995 SCMR 599 and Muhammad Faiz Bakhsh v. The Queen PLD 1959 PC 24 ref. JUDGMENT RAJA AFRASIAB KHAN, J.---On 10th of October, 1987 at 7.45 P.M., a case was, initially, registered on the statement of Muhammad Riaz against Naik Muhammad alias Nota, hereinafter called Naik Muhammad, Gulzar, Sharaf, Zaman and Khushi Muhammad under section 307/148/149, P.P.C. for causing fire-arm injuries to Mst. Nuran which, on her death, was converted into section 302/148/149, P.P.C. with Police Station Qaboola Sharif District Sahiwal. Muhammad Riaz is a resident of village Luqman Miruka and cultivates his land to earn his livelihood. On the fateful day, at about 5.00 p.m., he was standing near the village mosque and Mst. Nuran was going towards her house with a bundle of cotton on her head. Mst. Nasim, the daughter of the deceased was also following her. When Sher reached near the mosque, all of a sudden, from the northern side of the village, Gulzar, Naik Muhammad, Zaman, Khushi Muhammad and Sharaf all armed with fire-arms came to…

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