Law: Penal Code (XLV of 1860)

Section: 302,304

(a) Penal Code (XLV of 1860)----- ----Ss. 302, 304 Conviction under Ss. 302, 304 Acquittal by High Court Leave to appeal granted to consider whether on facts and circumstances High Court acted on correct principles or upon principles consistent with safe dispensation of criminal justice in acquitting accused Constitution of Pakistan (1961), Art. 58(3). (b) Appeal----- --- Appeal against acquittal High Court arriving at conclusions reasonably possible after careful consideration of relevant evidence Supreme Court would not, in such appeals, re appraise evidence and come to its own independent conclusion upon that evidence Acquittal not interfered with Constitution of Pakistan (1961), Art. 58(3). (c) Evidence --- -- Witness Chance witnesses and self confessed criminals not available for examination by police on date of incident Such witnesses examined, two days later �because it only transpired in course of investigation that they too had seen incident� Explanation, held, hardly convincing and presence of witnesses at spot at time of incident seriously doubtful.  (d) Witness------ --- Appraisal of evidence Witness stating before police that he saw accused proceeding to deceaseds shop to purchase snug but in statement before Court stating that he saw accused actually loading his gun Introduction of new story a definite attempt at embellishment   Such embellishment, held, affected witnesss veracity and rendered it unsafe to rely upon his evidence.  Manzur Qadir, Senior Advocate Supreme Court (Aftab Farrukh, Advocate Supreme Court with him) instructed by Muhammad Nazar Khan, Attorney for Appellant. Mahmud Ali, Senior Advocate Supreme Court instructed by M. Siddiq, Senior Attorney for Respondent No. 1. Raja Said, Akbar, Advocate General West Pakistan (R. S. Sidhwa, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 20th October 1967.JUDGMENTHAMOODUR RAHMAN, J. This appeal, by special leave, is directed against a judgment and order of a Division Bench of the High Court of West Pakistan, Peshawar, acquitting the respondent No. 1 herein of charges…