Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether the acquittal of the accused for the murder of her husband recorded by High Court was not conjectural and against the weight of ocular and other overwhelming circumstantial evidence brought on record. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Direct evidence available on record was not of a quality and description which could satisfy the requirements of law and a discerning mind and the circumstantial evidence left on record did not connect the accused in the crime in any case---Acquittal recorded by High Court suffered from no such infirmity as might invite interference by Supreme Court---Appeal against acquittal of accused was dismissed accordingly. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to examine whether the acquittal of the respondent No.1 for the murder of her husband recorded by the Lahore High Court by its judgment dated 4-10-1988 was not conjectural and against the weight of ocular and other overwhelming circumstantial evidence brought on record. 2. The deceased Javed Aziz had been the husband of the respondent No.1 for about 17/18 years till the occurrence. They had two sons Ali Imran and Ali Faran aged 16 years and 15 years respectively. Both were studying in St. Cathderal School. On the night of 19th/20th November, 1983, they were all in the house, 203 Riwaz Garden, Lahore. After entertaining their guest and his family the deceased and the respondent No.1, had retreated to their bedroom. The two sons had gone to their bedroom. At about 2-15 a.m., according to the respondent No.1, when she went to the toilet, she heard the shrieks, came out and saw her husband the deceased under attack. There were other persons armed with pistol who resisted her and pushed her towards the bedroom of the children. Javed Aziz was done to death while the two sons and the respondent No.1 remained in another room bolted from inside as well as from outside. It was in the morning at about 6-30 a.m. that Ali Faran was able to go out of the house…

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