Law: Pakistan Penal Code, 1860

Section: 302,34,364,148

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)----- ---Ss.302/34, 364 & 148---Constitution of Pakistan (1973), Art. 185(3)--­Appeal against acquittal---High Court had acquitted the accused on having entertained serious doubts about the very story of the abduction of the deceased which was not proved and the incident of murder being un witnessed, accused could not be convicted and sentenced on mere suspicion---Findings recorded by High Court were neither perverse nor artificial nor based on misreading or non-reading of any material piece of evidence--- Leave to appeal was declined to the complainant in circumstances. JUDGMENT MUNIR A. SHEIKH, J.---This petition is directed against judgment dated 18-1-2002 of the Lahore High Court whereby, on acceptance of appeal filed by respondents their convictions and sentences under sections 364, 302/34, 148, P.P.C. and award of life imprisonment have been set aside and they have been acquitted of the charges. Respondents alongwith six others were tried for Qatl-i-Amd of nephew of petitioner-complainant, namely Faqir Hussain aged 28 years. According to F.I.R., the occurrence took place on 19-9-1997 at 2-00 p.m. whereas the F.I.R. was lodged on 20-9-19.97 at 4-30 p.m. Version given in the F.I.R. was that on 19-9-1997 at about 2-00 p.m. the deceased, Amjad Pervaiz-P.W.8, present petitioner and Haji Abdul Razaq were going on two motorcycles to spray their standing crops in the field in village Kohal Kalan situated at a distance of 10 K.ms. from their village. When they reached near the Dera of Lal, they were waylaid by the accused persons, who abducted deceased-Faqir Hussain and also took away his motorcycle. Their case was that they approached the local police for getting a case registered for abduction but it did not pay any heed, therefore, they approached Lumberdar. It was after the dead body, without head, arms and legs was recovered from sugarcane field that they lodged F.I.R. Ocular account of the incident has been given by Amjad Pervaiz P.W.8 and present petitioner. Amjad Pervaiz is Behnooi of the deceased whereas the petitioner is uncle of the deceased. Trial Court, after considering the evidence convicted five of the said accused…

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