Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 417(1)

(a) Penal Code (XLV of 1860)---   ----S. 302---Criminal Procedure Code (V of 1898), S.417(1)---Appeal against acquittal---Two deaths having taken place in the case the factum of enmity of prosecution witnesses with accused was not enough for brushing aside the ocular evidence in the absence of strong grounds for substitution---Trial Court had been finding faults with the prosecution case against infirmities which were not so gross---Trial Court, however, in the presence of two versions failed to develop its own story, rather it became just mechanical in acquitting all the accused by brushing aside one category of evidence or the other instead of placing all the facts together and coming to a coherent and logical conclusion---Mere return of the crime-empties by the concerned office for removing of objections did not make the same doubtful---Trial Court had discarded all the evidence as if it was an arithmetical proposition rather than an occurrence involving human beings---Occurrence had taken place in day time which had been promptly reported to the police---One accused had a strong motive against the complainant side and the other was injured during the incident---Presence of both the accused on the spot at the relevant time and their participation in the occurrence had been established---Immediate occurrence might have taken place at the spur of the moment without any premeditation although the parties were inimical and the previous motive was nostalgia---Accused were consequently convicted under S.302, P.P.C. and sentenced to imprisonment for life each with fine in circumstances.   Gul Hassans case 1988 SCMR 1143; Shahzado v. The State and others PLD 1977 SC 413; Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502; Muhammad Yousaf v. The State 1994 SCMR 1733; Ahmad Khan v. Nazir Ahmad and others 1999 SCMR 803 and Shamshad v. The State PLD 1963 SC 740 rel.   (b) Criminal trial---   ---- Duties of Courts---Guidelines---Courts on account of their rich experience and skills are required to discover the truth within the periphery of facts before them, keeping in view the probabilities and while using the immense powers provided by…

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