Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Concurrent findings of facts by the courts below---Last seen and circumstantial evidence---Acquittal of accused by Trial Court was maintained by High Court---Plea raised by complainant was that deceased was last seen alive in the company of accused---Validity---Last seen evidence was the weakest type of evidence unless corroborated with some other piece of evidence which was conspicuously missing---Such piece of evidence had been rightly disbelieved by Trial Court as well as by High Court---Circumstantial evidence did not lead to the conclusion in any manner that accused had any hand in the affair and caused murder in question---When accused person was acquitted from the charge by court of competent jurisdiction then presumption of double innocence was attached to accused in which superior courts would not interfere unless the order was arbitrary, capricious, fanciful and against record--Supreme Court declined to interfere with the of acquittal passed by High Court and Trial Court---Leave to appeal was refused. (b) Penal Code (XLV of 1860)--- ----S. 302---Reappraisal of evidence---Evidence, chain of---Principles---All pieces of evidence should be so linked that it should give picture of complete chain, one corner of which should touch neck of deceased and the other corner to neck of accused---Failure of one link destroys entire chain. (c) Penal Code (XLV of 1860)--- ----S. 302---Reappraisal of evidence---Medical evidence---Scope---Medical evidence may confirm ocular evidence with regard to seat of injury, nature of injury, kind of weapon used in occurrence but it cannot connect accused which commission of crime. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Through this petition, Altaf Hussain, petitioner, seeks leave to appeal against order dated 25-2-2008 passed by learned Lahore High Court, Rawalpindi Bench, Rawalpindi, dismissing Criminal Appeal No.169 of 2004 filed by petitioner challenging acquittal of Fakhar Hussain, respondent, vide judgment dated 1-4-2004 rendered by learned Additional Sessions Judge, Chakwal, in case F.I.R. No.48 dated 12-6-2003…

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