Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302%34 & 427/34---Constitution of Pakistan (1973), Art. 185(3)---Case of acquitted accused being distinguishable from the convicted accused persons, his acquittal was neither unreasonable nor perverse and, thus, warranted no interference---Eye-witnesses though interested, their testimony inspired confidence---Place of recovery of weapons of offence could not be frequently visited by general public---Delay of seven or eight days in sending the weapons and crime empties to Forensic Expert, in the absence of allegation of fabrication, could not deprive his report of its worth---Reason for awarding lesser sentence to accused advanced by Courts below was neither fanciful nor arbitrary---Leave to appeal was refused by Supreme Court in the petitions in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 427/34---Evidence of interested witness---Proposition that the evidence of an interested witness should be overlooked irrespective of its probative force is not supported by any law, nor the same can be adopted for general application.---Evidence-Witness]. (c) Precedent--- ----Criminal case---Factual aspect and circumstances of any two criminal cases being hardly alike, principle or rule laid down in one particular set of facts cannot be made applicable to a case of diverse facts and circumstances. (d) Penal Code (XLV of 1860)--- ----S. 302/34---Sentence---Interference by Supreme Court---Supreme Court normally does not interfere in the matter of sentence given by High Court unless the same is shown to be not a legal sentence. M. Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners (in Criminal Petition No. 26 of 1997). Hafiz Aman, Advocate Supreme Court for Advocate-General, N.-W.F.P. for the State (in Criminal Petition No. 26 of 1997). Raja M. Ibrahim Satti, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for the Complainant (in Criminal Petition No. 26 of 1997). Raja M. Ibrahim Satti, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner (in Criminal Petition No. 43 of 1997). Hafiz Aman, Advocate Supreme Court for…

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