Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 302/149

Criminal Procedure Code (V of 1898) S. 417 read with Penal Code (XLV of 1860), S. 302/149--Appeal against acquittal-[Murder-case) -Evidence, appraisal of-Identification of as many as 13 accused persons, including noticing weapons allegedly carried by each one of them and specific parts played by each one of them not noticeable as given by prosecution witnesses in their statements-Identification of accused by such eye-witnesses in circumstances and facts of case as alleged by prosecution also appearing doubtful-Appraisal of evidence by trial Court based on cogent reasons and in accordance with law laid down by superior Courts and finding of trial Court not appearing to be perverse or against facts-interference declined in circumstances. Dates of hearing ; 8th, 14th, 21st, 22nd, 23rd and December, 1980 ; 1st, 15th, 18th, 19th, 24th, 25th, 26th, 30th, 31st March, 1981 ; 1st, 2nd, 6th, 7th, 8th, 9th, 13th, 14th and 15th April, 1981,                                                                                                                                JUDGMENT Z. C. VALLIANI, J. --This is an appeal under section 417, Cr. P. C. by the State and is directed against the judgment of acquittal dated 19th July, 1974, passed by the Special Judge (Central) and Ex Officio Additional Sessions Judge, Karachi, in Sessions Case No 58 of 1970, State v. Shamim and others, to which the Special Judge (Central) and Ex Officio Addi tional Sessions Judge, Karachi, acquitted all the 14 respondents of an offence punishable under section 302/148/149, P. P. C. for causing the murders of Lt. Anwar-ur-Rehman and his cousin Mushtaq-ur-Rehman, on 24th May, 1968, near the house of one Ayub, in the Dastgir Colony. 2 The brief facts of the case, according to the prosecution are, that there was enmity between two parties, one headed by Anwar Ahmed alias Total, respondent on…