Law:

Section:

Penal Code (XLV of 1860)-- ----S.302(b)---Constitution of Pakistan (1973) Art. 185(3)---Sudden fight--­Acquittal of accused---Story of F.I.R. not proved---Trial Court convicted the accused for life imprisonment whereas High Court acquitted him--­Validity---High Court had rightly held that the incident did not take place in the manner as mentioned in F.I.R. and assailant party did not have any intention to commit murder---Judgment passed by High Court was based on correct and elaborate appraisal of evidence which satisfied the principles laid down for safe administration of criminal justice---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---This is complainant's petition seeking leave to appeal against the judgment dated 28-5-2001 of the Lahore High Court through which on acceptance of appeal filed by the respondent, his conviction and sentence of life imprisonment has been set aside and he has been acquitted. 2. The case of the prosecution was that Shamsher, respondent, armed with gun, his father Ghulam Hussain empty-handed approached the cattle shed of the complainant and fired at Liaqat, deceased on account of which he died. 3. The respondent was tried for the murder of Liaqat deceased and the trial Court after assessing the evidence of the prosecution convicted him under section 302(b), P.P.C. and sentenced him to life imprisonment through judgment, dated 30-6-1998 against which appeal filed by him has been accepted. 4. The case has been decided in detail in paragraphs Nos.9 and 10 of the impugned judgment by the learned Judge of the High Court, which are reproduced below in extenso: "9. When the prosecution case and the defence version are viewed by keeping in view the statement made by Dr. Akhtar Mehmood, I find that defence version appears to be more plausible as compared to the prosecution case. According to the complainant, if Shamsher alongwith his father who was of course empty-handed had come with an intention of committing murder of Liaqat deceased after making preparations and arming themselves then how they could be apprehended after Shamsher had tired a shot at Liaqat deceased and he was still possessed with gun and ammunition. The…

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