Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/149, 307/149 & 148---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---F.I.R. was lodged promptly ruling out consultations and deliberations---Accused belonging to the same village were known to the complainant party, distance between the eye-witnesses and the accused ranged from 14 to 105 paces, occurrence had taken place in daylight, identification of accused by. the eye­witnesses thus was not open to any doubt---Abscondence of accused for more than six years was not satisfactorily explained---Confidence inspiring ocular testimony of three injured eye-witnesses was corroborated by medical evidence, motive and abscondence of accused---Reasons given by High Court for acquitting the accused were based on conjectures unsupported, by evidence and were not justified---Impugned judgment of High Court acquitting the accused was consequently set aside and the convictions and sentences awarded to accused by Trial Court were restored in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Penal Code (XLV of 1860), Ss.302/149, 307/149 & 148---Appeal against acquittal---Supreme Court although is slow in reversing orders of acquittal, yet interference is required when reasons for acquittal are fanciful, not borne from the evidence on record. JUDGMENT NASIR-UL-MULK, J. ---By judgment and order, dated 12-7-2002 the Additional Sessions Judge, Matta, District Swat, convicted Hamayun and Talimand, sons of Pir Madar, under section 302 read with section 148, P.P.C. to death on five counts for the murder of Alamzeb, Mian Syed Ali, Zore Azim Khan, Muhammad Fahim and Fazle Rahim and on each count sentenced them to death and to pay compensation under section 544-A, Cr.P.C. of Rs.1,00,000 to the legal heirs of each of the deceased. They were further convicted and sentenced for causing fire-arm injuries to Izatmand, Shakirullah, Nadir Khan, Umar Ali, Shahzada, Saleh Rehman, Shah Nasim, Mian Muhammad Sahib and Sher Bahadar and convicted and sentenced each of the convicts as follows:-- under sections 307/149, P.P.C. and sentenced to 10 years' R.I. each with fine of Rs.20,000 or in default to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492