Law:

Section:

Penal Code (XLV of 1860)-----S.302--Constitution of Pakistan (1973), Art.185(21)(a)---Appreciation of evidence---All the prosecution witnesses had a different reason and different explanation for establishing their presence at the spot at the time of occurrence--­Conduct of those closely concerned with the deceased and the contradiction in the medical evidence which had not been taken note of by both the Courts below, made the presence of witnesses extremely doubtful---Ocular evidence regarding actual occurrence was contradicted by medical evidence---Natural and disinterested witness was given up as unnecessary and it was difficult to subscribe to such opinion about the value of his testimony---Recoveries of the empties, even if held established, did not go far enough because recovery of the rifle at the pointing out of accused had not been satisfactorily established ---Abscondence of accused was not proved---Case of prosecution thus was not proved beyond reasonable doubt-- -Accused was acquitted. JUDGMENT SHAFIUR RAHMAN, J.--Shah Bakhsh, a convict under section 302, P.P.C. has filed an appeal as of right under Article 185(2)(a) of the Constitution as his acquittal by the Trial Court was set aside on State Appeal by the High Court and he was sentenced to life imprisonment and a fine of Rs.50,000 or in default R.I. for further period of four years. The complainant Muhammad Amir has filed a petition seeking leave to appeal against the same judgment of the High Court praying that on conviction under section 302, P.P.C. the sentence of the appellant/convict Shah Bakhsh be enhanced to death. This judgment disposes of both the matters. 2. Muhammad Nawaz Saliana, brother-in-law of Muhammad Amir, P.W.2 the complainant and Ghulam Muhammad deceased, had an altercation in a `Kabaddi' match with Shah Bakhsh, appellant. The altercation had generated such enmity that Shah Bakhsh had attempted twice on the life of Muhammad Nawaz Saliana for which the latter had lodged report with the Police. Ghulam Muhammad deceased was a school teacher and had been actively assisting Muhammad Nawaz Saliana in prosecuting the criminal case against Shah Bakhsh, the appellant. 3. On the 13th of…

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