Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 302, 34

Criminal Procedure Code (V of 1898) S. 417 read with Penal Code (XLV of 1860), S. 302/34- . Murder-Appeal against acquittal-Evidence, appreciation of- Murder admittedly a night time occurrence-Prosecution witnesses 4 in number as against 5 assailants but neither caring to intervene and save deceased nor raising any alarm to attract Rangers at nakabandi picket closeby, Police or people from nearby tube-wells -Prosecution witnesses partisan, indulging in exaggerations and omis sions and accused having some grievance against one of such witnesses but no reasons shown for sparing him, if present at time of occurrence-Prosecution story set up as a whole not convincing at all and completely lacking independent supporting evidence- Corroboration sought from recovery of incriminating articles, appearing not genuine-Nothing, held, would turn upon mere promptness in lodging F.I.R. and raising of such witnesses in it Interference with order of acquittal declined, in circumstances. [Appeal against acquittal]. Dates, of hearing : 5th and 6th April, 1980.                                                                                                                JUDGMENT AFTAB FARRUKH, J.-Barkat Ali, Niamat Ali, Akbar Ali, Rehmat Ali and Zubair were tried in the Court of Mian Abdur Rehman, Additional Sessions Judge, Lahore for the murder of Muhammad Arif, and acquitted by the learned trial Court by its judgment dated the 2nd August, 1976. The State has challenged the acquittal by this appeal, and the same is disposed of by this judgment. 2. The occurrence took place on the 16th May, 1973 at about 3 a.m. at B.R.B. canal bank within the area of Attokay-Awan. Akbar Ali (P. W. 1), son of Faqir Muhammad made statement Exh. P A at 3-30 a.m. the same morning to P. W. 17 Muhammad Ashraf, A.S.I. Police Station Manawan, who met him near Jallo Mor, being on patrol duty. Exh. P A was sent to Police Station,…