Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Leave to appeal was granted by Supreme Court against the accused in order to re-examine and reappraise the evidence with a view to ascertain whether the principles for safe administration of criminal justice laid down by Supreme Court had been fully adhered to. ORDER RANA BHAGWANDAS, J. ----Petitioner seeks leave to appeal against Lahore High Court judgment, dated 6-4-2006, acquitting the -Respondents of the charge of Qatl-i-Amd of deceased Umar Din committed on or about 12-2-1996 at about 10-00 a.m. 2. Besides -Respondent Manzoor Ahmad co-accused Ali Ahmad, Nazir Ahmad, Bashir Ahmad and Muhammad Shafi were put on trial for the said crime. At the, conclusion of the trial, they were acquitted of the charge while -Respondent Manzoor Ahmad was found guilty and sentenced to death and compensation of Rs.1,00,000 to the legal heirs of the deceased. 3. Unfortunate episode took place in the broad-daylight when the -Respondent duly armed with a .12 bore gun, accompanied by other co-accused, statedly fired at the deceased and decamped. High Court declined to accept the ocular evidence on the premises that presence of complainant Jalal Din P.W.3, father of the deceased and Raham Din P.W.4, father-in-law of the deceased, was doubtful and the F.I.R. was in fact recorded after detailed investigation into the crime, which could not be said to be prompt. Motive for commission of the crime relating…

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