Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 417---Penal Code (XLV of 1860), S. 302/34---Appeal against acquittal---Order of acquittal strengthens the initial presumption of innocence of the accused person and it can be interfered by the Court of appeal only if it is perverse to evidence or is based on unreasonable grounds---Mere fact that a different view of evidence is also possible will not constitute any valid ground for interference with an order of acquittal. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(2)(a)----Appraisal of evidence---High Court had not stated that the view taken by Trial Court was not possible or that the reasons given by it in support of the finding of acquittal were artificial---Observations made by High Court regarding the eye-witness being an independent and truthful witness and the participation of accused in the occurrence were based on misreading of evidence and conjectures---Dying declaration made by the deceased had not been relied upon by the Trial Court for valid reasons---View taken by Trial Court had the support of evidence and was reasonably possible---Conviction and sentence recorded by High Court against accused were consequently set aside and they were acquitted accordingly. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This appeal by Mukhtar Ahmed and Abdur Rehman is directed against the judgment of a learned Division Bench of the Lahore High Court dated 25-6-1989 whereby State Appeal No.12/1972 against their acquittal of the charge under section 302/34; P.P.C. was allowed, they were convicted on the said charge and sentenced to imprisonment for life and a fine of Rs.10,000 each and were further ordered to pay Rs.10,000 each as compensation to the heirs of the deceased. 2. The brief facts of the prosecution case are that on 21-3-1970 at about 9-00 p.m. Muhammad Afzal deceased was reading a novel while sitting in a room of the tube-well of his father in the area of Chak No.261/E.B when all of a sudden acquitted accused Rashid Ahmed and Pir Muhammad armed with Takwas and Mukhtar Ahmed and Abdur Rehman appellants armed with Khanjars entered into the said room and raised Lalkara that he…

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