Law:

Section:

(a) Penal Code (XLV of 1360)--S. 302/34---Appreciation of evidence---Circumstantial evidence---Evidence of last seen---Last seen evidence for basing conviction thereon as circumstantial evidence must be incompatible with innocence of the accused and should be accepted with great caution and be scrutinized minutely for reaching a conclusion that no plausible conclusion can be drawn therefrom excepting guilt of the accused. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Evidence of last seen against the accused was not incompatible with their innocence---Possibility could not be excluded that the deceased might have been fired at by a person who wanted to rob him of his vehicle and money--­Accused had been charged only on suspicion---Conclusion reached by High Court did not suffer from any infirmity---Petition for leave to appeal were dismissed accordingly. Syed Zia Hussain Kazmi, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 25th March, 1997. ORDER FAZAL ILAHI KHAN, J.---These two Petitions bearing Nos.101 and 102 of 1996 by Mst. Reshman widow of Noorasab Khan deceased are directed against the judgment of the learned Lahore High Court, Rawalpindi Bench, Rawalpindi dated 5-5-1994 passed in Criminal Appeal No.157 of 1994 and Criminal Revision No. 126 of 1994. 2. Prosecution case set up in the report lodged by Mst. Reshman Bibi in brief is that her son Ajmal Pervaiz alias Humayun deceased was married to Mst. Hussan Ara alias Sumaira D/o Shireen Khan accused. That about 2 months prior to the occurrence on refusal of Ajmul Pervaiz to divorce his wife in spite of her repeated demands, she left his house; and started residing in the house of her parents. The relatives of Mst. Hussan Ara were extending threats to Ajmal Pervaiz because of his refusal to divorce her. On the day of occurrence at about 4 p.m., the deceased being a taxi driver, left his house in his taxi. Later Muhammad Moosa Tahir Butt P.W.9, who was on visiting terms to the complainant house, disclosed to the complainant that at about 7-00 p.m. he had seen Shireen…

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