Law:

Section:

Penal Code (XLV of 1860)------S.302---Trial Court had held that none of the two eye-witnesses was present at the spot and had thus not seen the occurrence---Appellate Court however discarded evidence of one eye-witness being a chance and hostile witness but did not find any reason to disbelieve the other eye-witness and maintained conviction and sentence of accused---Appellate Court, on reappraisal of evidence, found that although so-called eye-witnesses were consistent in alleging that occurrence had taken place outside the shop where deceased after receiving injury fell down, yet such fact was belied by circumstantial evidence as blood, cardboards and wad were found from inside the shop---Site plan prepared at pointation of eye­witnesses was not in agreement with medical evidence as regards distance from which accused fired at deceased---Fact that disbelieved eye-witness was not present at the spot and had not seen occurrence was established by prosecution witness who had admitted that place where deceased was shown to be present in site plan was not visible from place of presence of said eye-witness---Accused also would not have fired at deceased in presence of said eye-witness in order to avoid creating evidence against himself---Presence of disbelieved eye-witness at the spot at relevant time, held, was highly doubtful and accused was charged on mere suspicion as it was an unseen occurrence---Accused was acquitted in circumstances. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal, by leave, arises from the judgment of a learned Single Judge of the Lahore High Court, dated 27-2-1983, whereby the appeal filed by Aurangzeb appellant and the criminal revision riled by the complainant were dismissed. 2. The appellant alongwith Safdar Hussain and Ashiq Hussain, residents of Mera Kalan, District Rawalpindi, was tried by the learned Additional Sessions Judge, Rawalpindi under section 302/34, P.P.C. for committing the murder of Muhammad Younas by inflicting a fire-arm injury. The learned trial Court after the conclusion of the trial acquitted Safdar Hussain and Ashiq Hussain but convicted Aurangzeb under section 302, P.P.C. and sentenced him to transportation for…

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