Law:

Section:

(a) Penal Code (XLV of 1860) S.302/34Constitution of Pakistan (1973), Art. 185(3)Leave to appeal was granted to accused by Supreme Court to reappraise the evidence in order to consider various features appearing in the case which required deeper examination. (b) Penal Code (XLV of 1860) S.302/34Appraisal of evidenceProsecution had failed to prove the motive for the occurrenceProsecution case having been disbelieved against the acquitted coaccused on the basis of the same evidence and almost under the similar circumstances, propriety required that the prosecution evidence must be corroborated by other evidence so as to be made safe basis for finding of guilt against the accused, but the same was lacking in the case­Alleged coincidence of witnesses appearing on the spot at odd hours of the night at 200 a.m. and the accused waiting till then and started beating the deceased in the presence of the witnesses was ridiculous and conviction could not be based on such doubtful and suspicious evidenceInvestigating Officer had also expressed his reservation about the genuineness of the case as set up by the prosecutionProsecution case being not believeable and no other explanation being available on record as to why the deceased had entered the house of the complainant side at midnight, the defence plea even if not strictly proved was to be given weightAccused were acquitted on benefit of doubt in circumstances. JUDGMENT ABDUR RAHMAN KHAN, J. The two appellants who are brothers inter se alongwith their third brother Muhammad Riaz and their father Muhammad Habib, were tried for the murder of Munir Ahmed by the learned Additional Sessions Judge. The learned trial Judge by judgment dated 1841994, convicted the appellants under section 302/34, P.P.C. and sentenced each of them to undergo life imprisonment and to pay Rs.2,000 compensation to the legal heirs of the deceased or to suffer R.I. for six months, but the coaccused were acquitted. The appeal preferred by the appellant was dismissed by the High Court through the impugned judgment dated 4111997. 2. Leave to appeal was granted to reappraise the evidence in order to consider the following aspect of the case: "The motive…

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