Law:

Section:

Penal Code (XLV of 1860)------S.302---Constitution of Pakistan (1973), Art.185(3)---High Court acquitted accused observing that there was nothing on the record to show that before the day of occurrence complainant knew the accused by face---Contention that since complainant did not state that accused was not previously known to him, it would be presumed that he knew the accused by face---Leave was granted to examine the contention that no presumption arose under circumstances of the case that accused was seen for the first time at place of occurrence and for that reason identification parade was not called for as the occurrence took place in broad daylight in which accused was fully identified by son of the deceased. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 23-6-1986, whereby criminal appeal of the respondent No.1 against his conviction under section 302, P.P.C. and sentence to life imprisonment with fine of Rs.10,000 awarded to him by the Addl. Sessions Judge, Faisalabad for the murder of Abdul Qadir (deceased) was accepted and he was acquitted. The High Court while acquitting the…

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