Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Acquittal of accused persons---Ocular evidence was corroborated by the medical evidence---Prosecution witnesses were natural witnesses ---F.I.R. was promptly lodged---Fire-arm weapons were recovered from the accused persons and report of the fire-arm expert was positive---Identification of the accused persons was not questionable as the parties were related inter se and the prosecution witnesses had identified the accused in the light of two torches--Torches were produced before the police after the occurrence and were taken into possession vide recovery memo. ---Trial Court awarded death penalty to the accused persons whereas the High Court allowed the appeal and acquitted the accused persons---Validity---Leave to appeal was granted by Supreme Court to reappraise the prosecution evidence in the light of the contentions of the complainant. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---One Ghulam Haider was murdered on 15-8-1994 at about 11-00 p.m. within the limits of Chak No.3 Shumali located at a distance of about 5 kilometres from Police Station Bhalwal. The F.I.R. was lodged at the said Police Station by Mukhtar Ahmed, nephew of the deceased, at 12-30 a.m., wherein seven persons were nominated as the accused. It was alleged that on the eventful day the complainant alongwith his father Muhammad Inayat, brother Gulzar and uncle Ghulam Haider deceased had gone to Bhalwal in connection with a private work. After doing the work they boarded a wagon and alighted at Morr Chak No.3 Shumali and started walking on the metalled road leading to Chak No.3 Shaumali. When at about 11-00'p.m. they reached the fields of Akbar Gujjar five persons appeared on the scene who were identified by them in the torch-light as Muhammad Ashraf, Riaz, Bashir, Dosa and Gulzar. They were armed with a Sota, double-barrel shotguns, Sota and .30 bore pistol respectively. Muhammad Ashraf raised a Lalkara and simultaneously gave a Sota blow on the head of the deceased who fell down. Thereafter, Muhammad fiaz and Bashir fired at the deceased effectively as a result of which he lost his life. Dosa and Gulzar stood…

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