Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Leave to appeal was granted to the complainant to consider , the contentions that the evidence of the eye-witnesses who had no motive for false involvement of accused in the case had been rejected by the Courts below without any legal justification which had also inadvertently not considered the admission made by accused in their bail application about the deceased having been killed by their firing. Per Fazal Ilahi Khan, J.; Saiduzzaman Siddiqui, J. agreeing-- (b) Penal Code (XLV of 1860)--- ---S. 302/34---Constitution of Pakistan (1973;. Art.185(3)---Appeal against acquittal---Courts below had discarded the ocular evidence for immaterial minor discrepancies and the established motive for illogical reasons---Medical evidence had, prima facie, supported the ocular evidence---Courts below had neither properly appraised the evidence nor gone deeper into the merits of the case and their findings were superfruous and based on flimsy and immaterial pieces of evidence brought out in lengthy cross-examination of the prosecution witnesses examined after about nine months of the occurrence- --Acquittal of accused by the Courts below was consequently set aside and the case was remanded to the Sessions Court for retrial of the accused and decision afresh on merits. Per Saad Saood Jan, J.---Contra. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11 ref. JUDGMENT FAZAL. ILAHI KHAN, J.---This appeal through leave of the Court is directed against the judgment dated 22-4-1991; whereby, the appellant's petition against the order of acquittal of respondents Nos.2 to 4, from an offence under section 302/34, P.P.C., passed by learned Sessions Judge, Kasur, dated 12-9-1:989, was maintained. 2. Leave was granted to consider the contention of the learned counsel for the appellant that the eye-witnesses had no motive for falsely involving the respondents in the case and that their evidence has been rejected by the Courts below without any legal justification. That the respondents had admitted in their bail application that the deceased was killed by their firing but this…

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