Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal contending that High Court on the basis of minor discrepancies and contradictions had excluded from consideration the direct evidence of the most natural and reliable witnesses duly supported by the medical evidence and the attending circumstances---Leave to appeal was granted by the Supreme Court to reappraise the entire evidence to ascertain the question of legality or otherwise of acquittal of accused from the capital charge with direction to issue bailable warrants of the accused persons. ORDER MUHAMMAD NAWAZ ABBASI, J.--- This petition has been directed by the State through Advocate-General, N.-W.F.P., Peshawar against the acquittal of the respondents namely Jan Muhammad, Farhad alias Malang, Farhad Ahmed, Jangraiz and Mumraiz Khan, from the charge under sections 3021324/148/149, P.P.C. by the Peshawar High Court, Peshawar, vide judgment, dated 8-4-2003, rendered in criminal appeal filed by the respondents against their conviction and sentence of life imprisonment awarded to them under section 302(b), P.P.C. by the trial Court. 2. The respondents were charged for the murder of Karim Khan and Dilawar Khan in the case registered against them at Police Station Badaber, District Peshawar. The occurrence bad taken place at 17-00 hours on 11-1-1999 and report was lodged at 22-00 hours on the same day. Mumraiz Khan (P.W.1) and Baswali Khan (P.W.2) furnished ocular account whereas Dr. Naveed Alam (P.W.3) and Lady Dr. Manila Shabnam Khattak (P.W.7), conducted post-mortem of the deceased. The respondents having been found guilty of the charge were convicted and sentenced accordingly by the trial Court but the High Court in appeal, set aside their conviction and sentence hence the State has…

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