Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to the complainant to reappraise the entire evidence so as to determine as to which of the conflicting conclusions viz. that of the Trial Court convicting the accused or the High Court acquitting them was correct. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Plea of alibi taken by accused, no doubt, was not established being belated and inconsistent, but the statements of the complainant and his two servants could not be relied upon without corroboration, as enmity of the parties was admitted even in the F.I.R.---No weapon of offence was recovered in the case---Incident having taken place in the Verandah of Sessions Judge, recovery of crime-empties whether from inside or outside the Chamber of the Judge was immaterial as the prosecution had failed to establish that the shots were fired from a kalashnikov used by the accused---Carrying of kalashnikov was not even mentioned in the F.I.R.---Motive being a double-edged weapon was unable to furnish corroboration, as strained relations and inimical attitude while furnishing a basis for murder on the part of the accused could also be the basis for false involvement by the complainant---Impugned of High Court acquitting the accused called for no interference---Appeal was dismissed accordingly. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11; Muhammad Nazir v. Muhammad Ali and another 1986 SCMR 1441; Alam Khan v. Swans Khan and 3 others 1996 SCMR 1742 and Imran Hussain v. Amar Arshad and 2 others 1997 SCMR 438 ref. JUDGMENT KARAMAT NAZIR BHANDARI, J.--- The appellant, son of Sarwar Sultan, the complainant (since deceased) was granted leave to appeal by this Court on 10-5-1999 from the judgment of the High Court of Sindh, Karachi, dated 17-6-1996, by which judgment of the High Court proceeded to set aside the judgment of the Special Court for Speedy Trials-I, Karachi and acquitted the respondents from the charge of killing Shafqat Sultan son of the complainant and brother of the appellant, to…

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