Law:

Section:

Penal Code (XLV of 1860)----S. 302-Murder case-Discrepancies and contradictions in statements made at trial and in first information report-Statement of important eye-witness full of contradictions- Prosecution story not natural-High Court's arrived at after proper appreciation of evidence-Interference refused. ORDER WAHEEDUDDIN AHMAD, J.--The respondents Nos. I to 5 were tried for the murder of Haji Abdur Rahman and his son Saeedur Rahman, by the learned Sessions Judge, Peshawar, under sections 301/149, 301/149, 143, 404 and 379/149, P. P. C. The learned Sessions Judge acquitted all the respondents of all the charges by judgment dated the 30th January 1971. The State filed Criminal Appeal No. 127 of 1971, which was also dismissed by a Division Bench of the Peshawar High Court, by judgment dated the 29th March 1973. The petitioners have challenged this judgment in this petition for special leave to appeal. They seek permission to file au appeal against the said judgment of the High Court. The prosecution case is that on the 13th October, 1968 at about 9:00 a.m., Saeedur Rahman deceased, Sabz Ali P. W. 9 and Azizur Rahman P. W. 10, went to Torangzai for the repair of Saeedur Rahman's rifle. They returned after an hour and got down at the tonga station. Saeedur Rahman bad some digestive disorder, therefore, they proceeded to their house through the fields. Saeedur Rahman went aside to answer the call of nature. They all gathered near the well of Ayub Khan when the accused Wasil Khan, Shaukat Khan, Afs3r Khan and Hayat Khan fired at them from the graveyard. Saeedur Rahman was hit and fell down near the well. Azizur Rahman was injured. Sabz Ali and Aziz-ur-Rahman took shelter behind a platform. They were fired at by the accused Misal Khan, but none of them was hit. Thereupon, Misal Khan shouted at the other accused to surround them, both took to their heels. The accused Hayat Khan fired at Saeedur Rahman from a close range, and took away his pistol. Sabz Ali who was carrying the rifle of Saeedur Rahman, dropped the same and it was taken away by accused Afsar Khan. All of the five respondents then proceeded towards hay-stacks and from behind it the accused Misal…

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