Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 & 324--Constitution of Pakistan, 1973, Art. 185(3)--Quantum of evidence--The presence of witnesses as well as the alleged time of occurrence was highly doubtful--Corroboration was sought from motive but, as the background would suggest, it can cut both ways and can equally be a motive for false charge--Further corroboration was sought from the discovery of .12 bore shotgun, strictly speaking, it is not discovery at all, at the first place because the gun of accused is licensed one, moreover it did not match with all four empties allegedly recovered from rooftop, a place attributed to the accused. [P. 15] A Constitution of Pakistan, 1973-- ----Art. 185(3)--Pakistan Penal Code (XLV of 1860), Ss. 302 & 324--Conviction and sentence recorded against accused--Assailed--Leave to appeal--There was burning on all four inlet wounds of the deceased, such burning can occur at the most from a distance of 5 to 7 feet from muzzle to victim--Amazingly, the distance from assailant to victim is 132 feet--Burning from a distance of 132 feet is impossible--From a distance of 132 feet, the dispersal is larger and velocity and force becomes slower and weaker--The pallets were recovered from left lumber region and lower and lateral part of left scapula indicating a positive deflection that could have occurred only when there was a force behind--Such force could not have been possible from a distance of 132 feet and from a .12 bore Shehbaz shot gun of pak-made, it was an unseen occurrence, where recording of FIR was delay with the help of a dishonest investigation--Appeal accepted. [P. 15] B Judgment Sardar Muhammad Raza Khan, J.--Leave has been granted to Muhammad Ishaque son of Ghulam Din against the judgment dated 10.6.2002 rendered by a learned Judge in Lahore High Court, Rawalpindi Bench, whereby, his appeal against conviction and sentence was rejected. Initially, learned Additional District and Sessions Judge Gujar Khan vide judgment dated 31.10.2000 had convicted the appellant under Section 302 PPC and sentenced him to life imprisonment and to a payment of Rs. 1,00,000/- as compensation under section 544-A Cr.P.C. He…

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