' This revision assails the acquittal of respondent Abdul Ghaffar from a charge under section 302 of Qisas and Diyat Ordinance made vide judgment dated the 17th of March, 1992 by Sardar Ghulam Farid, Sessions Judge, Kasur.
2. A case F.I.R. No,347 of 1991 was registered at Police Station Khuddian, District Kasur on 22-7-1991 on the complaint of Muhammad Shall (P.W.8) under section 302, P.P.C. Against the respondent/accused. The occurrence was alleged to have taken place in the house of Mst.
Munawar Bibi deceased situated in village Sanda Kalan, Tehsil and District Kasur at a distance of 6 kilometres from Police Station Khuddian. The matter was reported to the police at 7-15 a.m. By the complainant, father-in-law of the deceased-lady. Respondent Abdul Ghaffar was alleged to have fired with his double barrel gun .12 bore from the roof of the kitchen at the deceased Mst. Munawar Bibi, which had hit on the right side of her back. Meanwhile the P.Ws. Reached and the respondent escaped.
3. The respondent was challaned and sent up for trial. A charge under section 302 of Qisas and Diyat Ordinance was framed, to which he denied and claimed trial.
4. The prosecution examined 10 P.Ws. In all to substantiate its case. P.W.8 Muhammad Shafi complainant and P.W.9 Mst. Siddiqan Bibi stated the ocular account, whereas P.W.6 Dr. Mumtaz Ahmad, conducted autopsy on the dead body of the deceased and had found 3 injuries on her person. No recovery of empty was made by the Investigating Officer from the spot i,e, the house of the deceased. P.W.8 and P.W.9 specifically stated in their statements before the Court and P.W.8 as well as in the F.I.R. Exh.PC/1 that the deceased had received fire-arm shot at her back, whereas P.W.6 Dr. Mumtaz Ahmad, who conducted autopsy had found no wound of entry on the back. The ocular account is not in consonance with the medical evidence furnished on record. There is no other corroborative evidence. Nothing has been brought on record that the judgment rendered by the trial Court was perverse or any other view except acquittal could be drawn. In the circumstances, this petition is dismissed.