Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal--- Leave to appeal was granted to consider whether in absence of any doubt about the misidentity of the accused and in view of the ocular evidence supported by medical evidence, motive, retracted confession of accused and other circumstantial evidence, High Court was legally justified in extending the benefit of doubt to the accused. ORDER FAZAL ILAHI KHAN, J.---Shah Jehan son of Allah Bakhsh resident of village Arah Tehsil and District D.I. Khan was tried by learned Sessions Judge, D.I. Khan for the murder of his wife Mst. Harifa, in case F.I.R. No.251 dated 7-10-1991 of Police Station Saddar, D.I. Khan and on conviction sentenced to death vide judgment dated 8-5-1993, subject to confirmation, under section 302, P.P.C. The convict's Appeal No.7 of 1993 and the murder reference came for hearing before Peshawar High Court Circuit Bench, D.I. Khan and the learned High Court vide judgment dated 16-10-1993 accepted the appeal, set aside the conviction and acquitted the accused-respondent of the charge. 2. Leave…

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