Law:

Section:

(a) Penal Code (XLV of 1860)--- ---- S. 302 --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appeal was granted by Supreme Court to re-appraise the evidence to consider, inter alia, whether in convicting the accused the rules enunciated by Supreme Court for the safe administration of justice in criminal cases were kept in view. (b) Penal Code (XLV of 1860)--S. 302 --- Constitution of Pakistan (1973), Art. 185 ---- Appraisal of evidence---Enmity of the deceased with persons other than the accused having been established on the record, possibility of his having been killed by his other enemies could not be ruled out --- Testimony of eye-witnesses being tainted with animus, they could not corroborate each other --- No independent corroborative evidence existed on record to connect the accused with the commission of the crime --- Medical evidence had falsified the ocular testimony --- Accused was acquitted in circumstances. Muhammad lqbal alias Javed lqbal v. The State PLD 1976 SC 291 and Niaz v. The State PLD 1960 SC 387 ref. Mirza Masood-ur-Rehman, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Appellant. M. Zawar Bhatti, Advocate Supreme Court and Rao Muhammad Yousaf, Government Advocate-on-Record for the State. Date of hearing: 30th June, 1998. JUDGMENT SH. RIAZ AHMED, J.---Appellant Muhammad Aslain Khan alongwith acquitted co-accused namely Muhammad Latif, Muhammad Zaman, Sher Khan and Muhammad Akbar were tried by an Additional Sessions Judge at Mianwali on charges under sections 302, 148, 149 P.P.C. for having caused murder of Saadullah Khan deceased. Vide judgment dated 27-5-1991 the learned Additional Sessions Judge found only appellant guilty of the charge under section 302, P.P.C. and thus he was convicted and sentenced to death and to pay a fine of Rs.10,000 or in default thereof to suffer R.I. for a term of two years. The co-­accused named above not having been found guilty were acquitted. A reference was made to the Lahore High Court under section 374, Cr.P.C., and an appeal was also filed by the appellant to call in question his conviction. A Division Bench of the Lahore High Court declined to confirm the death…

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