Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal against acquittal---Extra-judicial confessions of accused did not inspire confidence and had been rejected by High Court for sound reasons---Statements of witnesses on that score could not be relied upon--- Recoveries which were made after long delay from a place accessible to every one in the house could not be used as a corroborative evidence---No strong evidence was available against accused--­Acquittal of accused by High Court was thus, based on sound principles of Criminal jurisprudence and did not require re-appraisal of evidence by Supreme Court---Leave to appeal was refused in circumstances. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the High Court dated 6-3-1989. The facts, in brief, ate that on 2-10-1984 the petitioner lodged First Information Report at the Police Station Kotsamaba, District Rahimyar Khan, stating therein that his father Mukhtar Ali was running a grocery shop adjacent to his Baithak and used to sleep in front of the shop. On the preceding night, the petitioner went out of his house to awaken his father. He observed some stains of blood on the face of his father. There were injuries on his neck, face etc. In the F.I.R. it was stated that Abdul Hamid P.W. 7 a paternal aunt's son of the deceased had enmity with Muhammad Iqbal because the latter wanted to get a road sanctioned while Abdul Hamid resisted. It was further stated that Mushtaq Ahmad, respondent No.3 and Muhammad Ramzan, respondent No.1 had illicit connections with Mst. Surraya, respondent No.2, widow of Akbar Ali, a brother of deceased Mukhtar Ali. The trial Court convicted Muhammad Ramzan and Mst. Surraya under section 302/34, PPC and sentenced them to imprisonment for life and fine of Rs.5000 each or in default to suffer one year's R.I. each. It was further directed that half of fine, if recovered, be paid to the heirs of the deceased as compensation. Mushtaq Ahmad and Abdul Khaliq, co-accused were, however, acquitted. A revision petition was filed for the enhancement of sentence awarded to Mst. Surraya and Muhammad Ramzan and…

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