Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302---Constitution of Pakistan ('1973), Art.185(3)---Independent witnesses---Evidentiary value---Trial Court convicted the accused for imprisonment for life, whereas the High Court in appeal acquitted him of the charge---Out of three prosecution witnesses two were not related to the deceased and there was no plausible Motive on the part of the complainant party to falsely implicate the accused---Leave to appeal was granted by Supreme Court to consider as to whether the High Court had properly appraised the evidence on record and had correctly drawn the inferences therefrom. Ali Akbar, Advocate Supreme Court for Petitioner. Nemo for Respondents.. Date of hearing: 8th April, 1999. ORDER AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment, dated 16-9-1998 passed by a learned Single Judge of the High Court of Sindh in Criminal Appeal No.93 of 1998 filed by the respondent No. l against the judgment, dated 30-5-1998 of the learned 1st Additional Sessions Judge, Karachi (West) in Sessions Case No.288 of 1989 convicting respondent No.l under section 302, P.P.C. and sentencing him for imprisonment for life and of Rs.20,000 and in default to suffer R.I. for two years. It is further ordered that in case the fine amount was realised, the same be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. Respondent No. l was also granted benefit under section 382-B, Cr.P.C. towards computation of his sentence. The above appeal has been allowed by the learned Judge in Chambers through the above judgment, whereby the…

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