Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(3)) ---Appeal against acquittal---Contention was that the prosecution case having been proved beyond reasonable doubt by ocular evidence of unimpeachable characters which was supported by medical evidence, High Court's acquitting the accused was not based on cogent and valid reasons---Leave to appeal was granted to the complainant for reappraisal of prosecution evidence for safe administration of criminal justice. Shahid Hussain Kadri, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 28th February, 1997. ORDER RAJA AFRASIAB KHAN, J.---On 29th of January, 1990 at 9.30 a.m., a case under section 302/307/109/34, P.P.C. was registered on the statement of Muhammad Ramzan against Liaqat Ali, Abbas Ali, Muhammad Akram, Dilawar, Niamat Ali and Manzoor Hussain (dead) for the murder of Muhammad Shafi and causing injuries to Nazar Hussain with Police Station Batalx Colony, Faisalabad. An Additional Sessions Judge, Faisalabad vide his judgment, dated 20th of February, 1992 convicted Abbas Ali and Liaqat Ali under section 302/34, P.P.C. Liaqat Ali was sentenced to death plus fine of Rs.10,000 or in default thereof to undergo R.I. for two years. Abbas Ali was sentenced to imprisonment for life and fine of Rs.10,000 or in default thereof to suffer R.I. for two years. Benefit of section 382-B, Cr.P.C. was given to them. Vide the same judgment, the trial Judge acquitted Muhammad Akram, Dilawar and Niamat Ali by giving them the benefit of doubt. Liaqat Ali and Abbas Ali, the convicts filed separate appeals vide Criminal Appeals Nos.241 and 249 of 1992 respectively while the trial Judge sent Murder Reference No.173 of 1992 for confirmation of death…

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