' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---In an occurrence taken place at 10/11 p.m. On 4-7-2007 Faisal Imran and Qamar Abbas were allegedly killed by the petitioner Jaffar and his co-accused and in this connection an F.I.R. Was lodged under sections 302, 148 and 149, P.P.C. By the complainant Mst. Bibi. Subsequently she was also resorted to file a private criminal complaint against Jaffar and his eight accomplices on the charge of murder of her son and out of nine accused respondents of the private complaint learned trial Court on 3-2-2011 acquitted eight of the accused persons while Jaffar petitioner was declared proclaimed offender.
2. Subsequently on his arrest Jaffar petitioner was tried by learned Court where Mst. Bibi complainant and her witnesses Abid Khan and Muhammad Younas made their statements on oath that Jaffar petitioner has been booked in the case due to misunderstanding and doubts thus they did not support contents of the complaint. In this background Jaffar petitioner filed an application under section 265-K, Cr.P.C. Seeking his acquittal from the charge on the ground that after the statement of the star witness of the prosecution/complainant the charge has rendered groundless and there is no probability of his conviction in the case.
3. This application of the petitioner was dismissed by the learned trial Court vide order dated 30-6- 2011 on the ground that after following the procedure under section 202, Cr.P.C. The private complaint is converted into a State case, which cannot be withdrawn by the complainant and the complainant had thrice implicated the petitioner as her main culprit. This order is the subject matter of the instant proceedings filed under section 561-A, Cr.P.C. Seeking acquittal of the petitioner from the charge.
4. On the petition in hand the parties have been heard and record perused. The examination of the record indicates that the complainant Mst. Bibi in support of her private criminal complaint had produced her witnesses Abid Khan and Muhammad Younas and had also made her statement as P.W.1 in the case certifying that the petitioner is not her accused whose name has been mentioned in the case due to some misunderstanding and his involvement in the case is doubtful. After this evidence, which is main stay of the prosecution, the Court left with no option except to acquit the petitioner from the charge as on the basis of this piece of evidence there is no probability of the conviction of the petitioner in the case. The eye-witnesses account in a case is the major evidence of the prosecution while rest of the evidence is based upon the opinion of the medical officer, recovery of the crime weapon etc., are corroborative pieces of evidence, which have to be proved through the ocular account and when ocular account is not supporting its own case then on the basis of corroborative pieces of evidence a person cannot be convicted for any offence. Learned trial Court has committed grave illegality in refusing the application filed by the petitioner, which order is not sustainable in the eyes of law.
3. For the foregoing reasons, the petition is allowed and petitioner Jaffar is acquitted from the charge of murder by accepting his application filed under section 265-K, Cr.P.C. He has submitted the surety bond for his appearance in the Court, which shall stand cancelled and the sureties are relieved of their liability.