Law: Pakistan Penal Code, 1860

Section: 302,324

Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Reappraisal of evidence---Previous enmity---Conflict between ocular and medical evidence---Effect---Trial Court convicted accused/appellant under Ss.302 & 324, P.P.C. and sentenced him to life imprisonment---High Court on appeal upheld the finding of Trial Court---Validity---Prosecution failed to explain delay in lodging F.I.R.---Complainant allegedly witnessed the murder of his real brother but in spite of that he did not go to police station to promptly lodge F.I.R.---Enmity between accused and complainant including eye-witnesses having been proved, the ocular testimony of complainant side required strong support from unimpeachable source of evidence---Prosecution sought corroboration from motive but in presence of proved enmity between the parties, motive was to cut both ways and was to be equally a motive for false charge---Gun recovered from possession of accused was not to be taken as a corroborative evidence as the same was licensed one and, moreover, gun did not match with all the four empties allegedly recovered from place where accused fired at the deceased---Site plan showed that deceased was fired at from a distance of 132 feet but there was ' burning on all four inlet wounds of deceased---Burning on wounds was to occur when muzzle was at a distance of 5 to 6 feet from victim; and burning from a distance of 132 feet was not possible---Nature of injuries caused to deceased belied the prosecution version as to distance from which deceased was fired at---Neither any pellets were recovered from premises (mosque) nor any child receiving lesson from complainant was ever examined---Accused was acquitted in circumstances. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Leave has been granted to Muhammad Ishaque son of Ghulam Din against the judgment dated 10-6-2002 rendered by a learned Judge in Lahore High Court, Rawalpindi Bench, whereby his appeal against conviction and sentence was rejected. Initially, learned Additional District and Sessions Judge, Gujar Khan vide judgment, dated 31-10-2000 had convicted the appellant under section 302, P.P.C. and sentenced him to life imprisonment and to a payment of…

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