Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302, 324, 337-A(i), 337-A(ii), 337-L (2), 148 & 149 --------- Criminal Procedure Code (V of 1898), S. 417 (2A) --------- Qatl-i-Amd, attempt to commit qatl-i-amd, Shajjah-i-khafifah, Shajjah-i-mudihah, other hurts and rioting armed with deadly weapons --------- Appeal against acquittal --------- Scope --------- Appreciation of evidence --------- Suppression of injuries --------- Complainant was aggrieved of passed by Trial Court whereby accused persons were acquitted of the charge --------- Validity --------- Deliberate intention on the part of prosecution to suppress injuries on accused --------- Evidence of interested and inimical witnesses, the attending circumstances and serious infirmities regarding non-explanation of injuries on the person of accused, suppressing genesis of the incident etc. had made prosecution case highly untrustworthy --------- Judgment of Trial Court was based on correct appreciation of evidence and law on the point and it did not suffer from any illegality or perversity --------- If two views were possible, the former would prevail over the latter --------- Appellate Court could interfere with the of acquittal, if it had come to the conclusion that Trial Court had misread or did not appreciate evidence in its true perspective or that the suffered from inherent illegality or perversity --------- High Court declined to interfere as of Trial Court did not suffer from any illegality and perversity and the view taken by it could be possible on the basis of evidence --------- Prosecution failed to prove its case beyond all reasonable doubts and story of occurrence was highly doubtful, the witnesses were inimical and they had given contradictory statements on medical points and also suppressed the facts --------- Appeal against acquittal was dismissed, in circumstances. THIS ORDER PASSED BY: MISS AALIA NEELUM, JUSTICE:------------------ By means of instant appeal under section 417 (2A), Cr.P.C., the appellant seeks conviction of respondents Nos.1 to 3 and 6, Sabir Hussain, Ansar Javed, Shaukat Ali and Muhammad Akram, who being involved in case FIR No. 206 dated 24.5.2005, offence under…

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