Law: Penal Code (XLV of 1860)

Section: 302, 34

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th April 1969, in Criminal Appeal No. 826 of 1968). Penal Code (XLV of 1860), S. 302/34-Murder-Eye-witnesses close relations of deceased-Parties on inimical terms-Evidence of eye-witnesses not corroborated by any other evidence-Crime guns and empties although sent to Ballistic Expert for examination yet his report not furnished to Court-Recovery of accused's left shoe disbelieved by both Courts below-Medical evidence also not supporting eye-witness's statement-Prosecution witness making improvement in his statement to make it fit with medical evidence- Benefit of doubt, given to accused by High Court, found neither perverse nor based on improper appreciation of evidence-Petition for Special Leave to Appeal dismissed by Supreme Court. Date of hearing: 25th February 1970.   ORDER WAHIDUDDIN AHMAD, J.-Respondents Zafar Ali, Shaista Khan and Gul Muhammad were tried along with Nawazish Ali under section 302/34, P. P. C. for the murders of Mumtaz Hussain and Haq Nawaz, on the 12th July 1967, in the area of Mouza Kot Mopal, District Jhang. Respondent No. 1 was sentenced to transportation for life and respondents Nos. 2 and 3 were sentenced to death by the learned Additional Sessions Judge, Lyallpur by judgment dated the 16th November 1968. Nawazish Ali was acquitted. Respondents challenged this judgment in Criminal Appeal No. 826 of 1968, and a Division Bench of the West Pakistan High Court, Lahore, by judgment dated the 24th April 1969, accepted the appeal and acquitted the respondents. Petitioner Ghulam Abbas, who is the brother of deceased Haq Nawaz, seeks special leave to file an appeal against the said judgment. The prosecution case is that on the 12th July 1967, at about 10-00 a. m. in the area of Mouza Kot Mopal, respondents, along with Nawazish Ali, armed with guns and in furtherance to their common intention fired at Mumtaz Hussain and Haq Nawaz and caused their death. Ghulam Abbas, Muhammad Nawaz and Karam Dad, P. Ws. were sitting under the shade of a mango tree at that time and witnessed the occurrence. Their evidence is that all the respondents and…