Law:

Section:

(a) Constitution of Pakistan (1973)- ----Arts. 185(3) & 187-Criminal appeal-Appellant cannot, as of right, abandon appeal-Regard being had to facts of case and nature of offence. Supreme Court considered it appropriate in public interest not to allow abandonment of appeal.-[Abandoninent-Appeal (criminal)). Sikandar Hayat v. Ata Muhammad P L D 1970 S C 224 ref. (b) Penal Cede (XLV of 1860)-- --- Ss. 307 & 326 read with S. 34 -Attempt to murder--Grievous hurt-Appeal against acquittal-Motive of offence clearly established­ Prosecution witness despite serious injuries (such injuries in no way self-suffered) remaining in full consciousness and no reason for him to spare actual culprits and falsely implicate accused, his real maternal, nephew, and another relation-Lower Court misreading evidence to find contradiction between medical evidence and that of eye-witnesses-No contradiction, in fact, between statement of eye-witnesses and medical evidence-Parties being related to each other, no question of mistaken identity--Appeal accepted and contention restored-[Appeal against acquittal)- (c) Penal Code (XLV of 1860)- ----Ss. 307 & 326 read with S. 34-Attempt to murder--Grievous hurt--Sentence-Accused respondents on acquittal released from jail about seven years ago-Held : Really hard in circumstances to send accused back to jail particularly for reason of parties being relatives and having reached a compromise Interests of justice satisfied if each sentenced to imprisonment already undergone and fined Re. 1,000 on each count--(Sentence]. JUDGMENT MUHAMMAD GUL, J.-This appeal by special leave is against the order of a learned Single Judge of the former High Court of West Pakistan dated 17-3-196), acquitting Muhammad Yunis and Muhammad Nazir, the two res­pondents herein, who were convicted by the trial Magistrate for offences under sections 307 and J26 read with section 34, P. P. C. The parties are related inter se. Muhammad Yunis and Muhammad Nazir respondents are friends and are also related to each other. Muhammad Yunis respondent is also a nephew (sister's son) of Shah Muhammad, appel­lant herein, who was victim of the assault, and the first informant. The…

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