Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.302/392/34---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---Story put forward by the complainant did.not appear to be sound, convincing or plausible; contention of the defence that some columns of the Inquest Report were left blank and were not filled in, was supported through evidence of prosecution witness, who on oath before the Trial Court, deposed the same; direction from which the accused persons came and fired at the deceased, was not mentioned, which got support from the evidence of prosecution witness on oath before the Trial Court; incident had taken place at 7-30 p.m. and during the relevant days sun used to set at 6-10 p.m. as such darkness had prevailed, therefore, the possibility of wrong identification of the assailants could not be ruled out; medical report had shown that rupture of right lung alongwith rupture pulmonary vessels were sufficient to cause death, besides that medical evidence did not corroborate ocular account; had the deceased been fired at from a distance mentioned by the prosecution witness, there should have been blackening and tattooing around the wounds; finding of the Trial Court was not based on the proper appreciation of evidence rather the medical evidence belied the same; prosecution witnesses were closely related to the deceased and there was no independent corroboration to their testimony, nor there was circumstantial evidence to connect the accused persons with the commission of offence and the motive was not proved---Recovery memos. and inquest report clearly showed that they were prepared after deliberation and consultation wherein the names of accused persons were not mentioned and report of the Serologist was also not tendered according to Qanun-e-Shahadat--­Conviction on capital charge could be passed only on unimpeachable ocular, account, which lacked in the present case---Inferences drawn by the High Court were based on proper evaluation of evidence and there was nothing to indicate that the view taken by the High Court was either absurd or perverse or that the same was based on misreading of evidence or that any important factor in the case had been…

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