Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Acquittal---Leave to appeal was granted to examine whether acquittal of the accused recorded by High Court on appeal against conviction under S. 302, P.P.C. and sentence of death was in accord with correct principles of criminal jurisprudence. (b) Penal Code (XLV of 1860)--- ----S. 302---Re-appraisal of evidence---Few instances of misreading of the record by High Court were noted---Solitary eye-witness of the occurrence who was not in any way related or connected with the parties and had not only accounted for his presence at the place of occurrence, but his conduct was also natural---Recovery and voluntary character of the confession stood proved---Guilt of accused, was fully brought out from the material produced at the trial and Trial Court had rightly convicted and sentenced him---.Acquittal of accused by High Court was consequently set aside and he was convicted under S. 302, P.P.C. and sentenced to imprisonment for life with fine extending benefit of interregnum Presidential amnesty to him. Mian Said Baghdad v. Said Mian and 2 others 1983 SCMR 117; Billu alias Inayatullah v. The State PLD 1979 SC 934 and Abdul Majid v. Superintendent and Remembrancer of Legal Affairs, Government of East Pakistan PLD 1964 SC 422 ref. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 rel. (c) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court--­Acquittal can be interfered with if High Court has disregarded material evidence, misread such evidence or received such evidence illegally. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 rel. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to examine whether the acquittal of the respondent No.1 Syed Azeem Shah recorded by the High Court on appeal against conviction under section 302, P.P.C. and sentence of death was in accord with correct principles of criminal jurisprudence. 2. The prosecution case was that Syed Azeem Shah was employed as a Peon in the Planning and Development Department of the Government of Balochistan. The deceased Masood…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492