Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.----Ss. 302 & 307---.---Constitution of Pakistan (1973), Art.185(3) ---.--- Leave to appeal was granted by the Supreme Court to determine as to whether the principles of safe administration of justice in criminal cases laid down by the Supreme Court were correctly followed by the High Court. (b) Penal Code (XLV of 1860)---.--- ---.----Ss. 302/307---.---Reappraisal of evidence---.---Crime report was promptly lodged with the Police wherein specific role of causing fatal injuries with Chhuri had been attributed to the accused which was supported by the medical evidence---.---Accused, during investigation produced blood-stained Chhuri, which was sent to the Chemical Examiner. whose report was positive---.---Injured witness also supported the prosecution version and narrated the same facts as given in the F.I.R. and his evidence was not shattered in cross examination---.---Parties were related inter se and no previous enmity existed between them and the incident took place on the quarrel of the children, with the result, as alleged, the deceased abused the womenfolk of the accused-party and due to that grudge the accused came duly armed and inflicted Chhuri blows on the person of the deceased as well as the, injured witness---.---Doctor opined that the injuries could be self-suffered, but he denied the version of the defence that the injured witness suffered injuries by hitting with the vehicle---.---Entire impugned of the High Court was based on the appreciation of road map produced by the defence during hearing of the appeal in connection with the travelling of complainant party by the same passage was repelled being not acceptable---.---Natural and reliable and trustworthy evidence and recovery of blood-stained Chhuri at the behest of accused had not been considered in its proper perspective by the High Court which had resulted in miscarriage of justice and was not in consonance with the law laid down by the Supreme Court for safe administration of criminal justice---.---Documents produced by the accused person being not valid piece of evidence were rightly rejected by the Trial Court---.---Plea of accused that he…

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