Law:

Section:

(a) Penal Code (XLV of 1860)-------------S. 302(b)-Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Whenever an accused was acquitted of a criminal charge, he enjoyed double presumption of innocence---Interference in such had to be made by carefully considering evidence on record. (b) Penal Code (XLV of 1860)--- ---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Conflict was found between ocular testimony of both eye-witnesses, read with F.I.R. and medical evidence with regard to injuries allegedly caused by one of accused persons---Said accused had also been found innocent by Investigating Officer who had recommended for his discharge and report so filed by him was verified by Inspector General and D.I.G. Range (Crime)---No convincing evidence was available on record to saddle co-accused with liability of commission of murder of the deceased---In view of said contradictions in the ocular testimony and medical evidence, case of prosecution had become doubtful, benefit of which had to be extended to accused---Accused, in circumstances had rightly been acquitted of the charge---Supreme Court, in exercise of Constitutional jurisdiction under Art. 185(3) of the Constitution did not consider it appropriate to interfere in of High Court. Dr. Shaukat Hussain, Advocate Supreme Court and M. Ozair Chughtai, Advocate-on-Record (absent) for Petitioner. Muhammad Riaz Lone, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for Respondents Nos. 1 to 3. Nemo for the State. Date of hearing: 14th July, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been filed against the judgment, dated 29th July, 2002 passed by Lahore High Court, Lahore whereby Criminal Appeals Nos.734 and 774 of 1997 filed by respondents have been allowed and they were acquitted of the charge. 2. Facts in brief leading to filing of instant petition for leave to appeal are that petitioner Muhammad Aslam son of Nathu Khan reported to Khan Muhammad Inspector, Police Station Kharian, District Gujrat that he is resident of Village Dhal Kakka and is running a shop in the village. His nephew namely Muhammad…

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