Law: Penal Code (XLV of 1860)

Section: 302

Pencil Code (XLV of 1860) S. 302-[Murder-case]-Appeal against acquittal-Appreciation of evidence-Parties appearing to have been saturated with deep enmity on account of their disputes-Accused respondents could in circumstances be suspected as assailants of victim party-High Court not believing deceased having been sleeping with an electric bulb switched on due to themselves having been suspected for commission of several murders and would normally be taking precautions so as to be not identifiable at night-High Court finding story of lighted bulb having been introduced only to establish point of identification-Question whether bulb left lighted during night pertaining to appreciation of evince, High Court taking view of its being introduced only to establish point of identifica tion and finding such part of prosecution case not worthy of belief, interference with such finding declined notwithstanding a different view being also possible.-[Appeal against acquittal-Evidence]. Date of hearing : 13th May, 1979.                                                                                                                                                      JUDGMENT NASIM HASAN SHAH, J.-This is a petition for leave to appeal directed against the judgment of the Peshawar High Court dated 2-3-77 in Criminal Appeal No. 66 of 1977 whereby the appeal of the respondents against their conviction and sentence was accepted and they were acquitted of the charges levelled against them. The facts which form the background are that the respondents Barkat Ali Shah aged 32 years, Bagh Hussain Shah aged 35 years and Said Ghani Shah aged about 24 years son of Said Akbar Shah residents of Ziarat Killi were tried under section 302, P. P. C. r; ad with section 34, P. P. C. on the charge of double murder for killing…