Law:

Section:

Penal Code (XLV of 1850)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Leave to appeal was granted to examine whether High Court had appraised the evidence in accordance with the. sound principles laid down for administration of criminal justice. M. Bilal, Senior Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st December, 1994. ORDER SAJJAD ALI SHAH, CJ ----Respondent Chamnai Khan was tried for offence under section 302/34, P.P.C. and was convicted and sentenced to life imprisonment with a fine of Rs.50,000 or in default R.I. for three years. He was directed to pay compensation of Rs.40,000 to the legal heirs of the deceased or in default to suffer R.I. for six months. Co-accused Qadir absconded. The Peshawar, High Court has allowed the appeal and set aside the conviction and sentence on the ground that the eye-witnesses are related to the deceased and that there…

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