Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal by High Court---High Court had reappraised the entire evidence available on record by making threadbare examination of each piece of evidence supported by reasons based on record---No piece of evidence incriminating in nature produced by the prosecution appeared to have been misread, omitted from consideration or not appraised in its true perspective---Impugned of acquittal was unexceptionable and did not suffer from any factual or legal infirmity---Leave to appeal was declined to complainant accordingly. ORDER RAJA FAYYAZ AHMAD, J.--- Muhammad Akram and Muhammad Afzal respondents were convicted for an offence under section 302(b), P.P.C. read with section 34, P.P.C. by the learned Additional Sessions Judge-II Mianwali vide judgment dated 26-7-2000. Muhammad Akram respondent No.1 was sentenced to death as Tazir, whereas; Muhammad Afzal respondent No.2 was sentenced to imprisonment for life as Tazir. Both the respondents were ordered to pay a sum of Rs. one Lac each to the heirs of Sikandar Hayat Khan deceased as compensation under section 544-A, Cr.P.C. or in default thereof to undergo S.I. for six months each. The respondents/convicts challenged their convictions and sentences before the learned Lahore High Court, Lahore through Criminal Appeal No.1173 of 2000, whereas; Muhammad Hayat Khan petitioner/complainant filed Criminal Revision No.572 of 2000 before the learned High Court. Record of the case was forwarded to the learned High Court for confirmation of the sentence of death awarded to Muhammad Akram respondent, registered separately as Murder Reference No.409 of 2000. Vide judgment dated 18-4-2006 sought to be impugned through the instant criminal petitions, criminal appeal filed by the said respondents was accepted and they were acquitted on the charge by extending benefit of doubt in their favour. Consequently, the murder reference was answered in negative. Accordingly, sentence of death passed against Muhammad Akram respondent was not confirmed. 2. The learned Advocate Supreme Court for the petitioner and Mr. Faiz-ur-Rehman, learned…

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