Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34--Constitution of .Pakistan (1973), Art.185(3)---Appeal against acquittal---Ocular account was furnished by wife and son of the deceased who being inmates of the house were certainly natural witnesses, but the essential question for determination was regarding the time and manner the occurrence had taken place and identification of the assailants at the spot---Prosecution version regarding the time of death was contradicted by medical evidence which had strongly suggested that the occurrence had taken place during the night and the possibility that culprit was not identified in the dark, could not be ruled out---Enmity between the parties was admitted and interested witnesses could not safely be relied upon without independent corroboration, which was not available---Rule of corroboration, being rule of abundant caution, might not be necessarily applied in each case, but where direct evidence did not inspire confidence and was of doubtful character, Court must follow the rule of corroboration for safe administration of justice---Accused had earned double presumption of innocence and concurrent findings of two Courts did not require any interference by Supreme Court against their acquittal on the basis of partisan ocular testimony-- Leave to appeal was declined to complainant in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Evidence---Rule of corroboration, applicability of---Rule of corroboration, being rule of abundant caution, may not be necessarily applied in each case, but in a case in which direct evidence is not confidence-inspiring or is of doubtful character, Court must follow the rule of corroboration for safe administration of justice. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. --- This petition under Article 185(3) of the Constitution has been directed against the judgment dated 12-1-2007 passed by the Peshawar High Court, Abbottabad Bench whereby Criminal Appeal No.85 of 2001 filed by the -Petitioner against the acquittal of -Respondents Nos.1 and 2, from the charge under section 302/34, P.P.C. by the Additional Sessions Judge, Abbottabad, vide judgment, dated 14-11-2001, has been dismissed. 2.…

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