Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Evidence led by prosecution at the trial was highly unsatisfactory and not of quality to support conviction on a capital charge---High Court and Trial Court could not be said to have reached an insupportable conclusion after appraising evidence---Case, held, was not fit for interference by Supreme Court. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11 rel. JUDGMENT SAAD SAOOD JAN, J.---For causing the death of Muhammad Asif alias Bholi, his cousin Muhammad Amin alias Billa, respondent, was tried by Additional Sessions Judge at Lahore on a charge under section 302 of the Pakistan Penal Code. The learned Additional Sessions Judge found him not guilty and acquitted him of the charge. The State preferred-an appeal before the High Court but it was dismissed in limine. The appellant who is the brother of the deceased has preferred this appeal to call in question the legality of the acquittal of the respondent. 2. The occurrence took place shortly after mid-night on 14-1-1983 at the Railway Road near the Mayo Hospital Chowk, in Lahore. According to the prosecution, at the relevant time the deceased in the company of his brother Muzaffar Iqbal and Muhammad Salim was going to his house in Gowalmandi. Muzaffar Iqbal and Muhammad Salim stopped in the Chowk by Paris Hotel for a short while, while the deceased kept on walking towards his house. When the deceased reached the lane near the shop of one Maja Tandoor Wala, the respondent suddenly appeared and stabbed him with a chhuri in the right flank. On hearing his shouts, Muzaffar lqbal and Muhammad Salim ran towards the deceased. Before they could intervene, the respondent ran away. The deceased was removed to the Mayo Hospital where he expired about 3 hours later. 3. It was alleged by the prosecution that the respondent was annoyed with the deceased as the latter had refused to advance him a loan of Rs.100. This was stated to be the motive for the occurrence. 4. On hearing about the occurrence from a nephew of the deceased, ASI Muhammad Arshad of Police Station Gowalmandi reached the hospital at 1-30 a.m. and recorded the statement of Muzaffar Iqbal who was busy in looking after the…

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