ASIF SAEED KHAN KHOSA, J.---Respondent No, 1 had been convicted by the trial court for an offence under section 302(b), P.P.C. and was sentenced to imprisonment for life and to pay fine but on appeal he was acquitted by the High Court. Hence, the present petition before this Court.
2. Admittedly the alleged murder had remained unwitnessed and at some subsequent stage respondent No, 1 had been implicated as an accused person purely on the basis of suspicion. The prosecution witness appearing as PW6 had tried to state about a background which could confirm a motive but it had become available on the record that he had not told the complainant about the same or had informed the police in that regard at the earliest opportunity. Apart from that no independent evidence worth its name had been produced before the trial court regarding the alleged motive. The medical evidence had established that the cause of death of Faiz Muhammad deceased was drowning and it had A never become available on the record as to in which circumstances the deceased had drowned to death. The doctor appearing before the trial court as PW9 had stated that some injuries found on the dead body could be a result of hitting hard surface and the site-plan of the place of occurrence showed that there were rocks and stones available at the spot and availability of rocks and stones at the spot was also admitted by some prosecution witnesses. In these circumstances the High Court had concluded that the prosecution had failed to prove its case against respondent No, 1 beyond reasonable doubt and we have not been able to take any legitimate exception to the -said conclusion reached by the High Court. This petition is, therefore, dismissed and leave to appeal is refused.