Law:

Section:

Penal Code (XLV of 4 860)---S. 302---Constitution of Pakistan (1973); Art. 185(3)---Acquittal of accused by High Court was based upon flimsy reasons and on such hypothesis which was not supported by the facts and circumstances of the case ---F.I.R. was prompt and was lodged without any delay but the High Court observed that such promptness reflected upon the prosecution case as the daily diary must have been kept open by the police officials to wait for the first informant to lodge the report---An independent witness who was a neighbour had been discredited without any rhyme or reason---Acquittal of accused, prima facie, had caused miscarriage of justice---Leave to appeal was consequently granted to the complainant by Supreme Court to re-appraise the entire evidence in order to ensure the safe dispensation of criminal justice. ORDER SH. RIAZ AHMED, J.---This petition for leave to appeal is directed against the order dated 2-2-2000 whereby learned Judges of the Lahore High Court accepted the appeal of the respondent and acquitted him of the charge under section 302 of Pakistan Penal Code. Respondent Muhammad Bashir was tried for the murder of deceased Bashir Ahmad and the learned Additional Sessions Judge, Chishtian Mandi found him guilty of the said charge and convicted and sentenced him to death vide judgment dated 17-3-1998. On appeal and reference, the learned Judges of the Lahore High Court acquitted him of the charge in terms of judgment impugned herein. With the assistance of the learned counsel for the petitioner, we have…

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