Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 324/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---High Court had neither acted illegally nor arbitrarily in not relying upon ocular account furnished by the witnesses---Reappraisal of evidence by High Court did not suffer from any misreading, non-reading or misconstruction of evidence on record-- Recovery of weapon from one of the accused was not attached any importance for valid and logical reasons---Acquittal of accused could not be shown as fanciful, artificial and conjectural warranting any interference by Supreme Court in exercise of constitutional jurisdiction---Order of acquittal had doubled the initial presumption of innocence of accused which would be stronger in case of verdict of acquittal recorded by a Court of record---Leave to appeal was refused to the State accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal in case of acquittal---Double presumption of innocence of accused---An order of acquittal ordinarily doubles the initial presumption of innocence of an accused which would be stronger in the case of verdict of acquittal recorded by a Court of record. ORDER RANA BHAGWANDAS, ACTG. C.J.---Through this petition under Article 185(3) of the Constitution, Government of N.-W.F.P. seeks to challenge the judgment of acquittal dated 2-7-2003 passed by Peshawar High Court accepting -Respondents' appeal against their conviction and sentence on the charge under sections 302, 324/34, P. P. C . 2. -Respondents Mehmood Khan and two others were tried on the charge of Qatl-i-Amd of deceased Noor Zaman committed on or about 29-1-2001 at about 4-00 p.m. Report of the episode was lodged by Sher Zaman the same day at 6-20 p.m. at Police Station Dargai. During the course of investigation, -Respondents were arrested and a kalashnikov and 10 live rounds were recovered on the pointation of -Respondent Muhammad Diyar Khan lying in a box from his house where he has been residing with his sons and other family members. 3. At the conclusion of trial, -Respondents were convicted and sentenced to life imprisonment and fine of Rs.30,000 on the charge of Qatl-i-Amd and…

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