Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)  S. 417 read with Constitution of Pakistan (1973), Art. 185(3) Appeal against acquittal-Leave to appeal to Supreme Court- Fact of eye-witness being injured and injuries being not self -suffered-Not by itself indicative of witness having told truth Witnesses closely related to deceased while other persons men tioned in F. I. R. not examined - Such fact shows injured eye-witnesses being desired to withhold material aspects of case from Court and prosecution being apprehensive that in case of indepen dent witnesses being examined their depositions might support plea of accused-Acquittal, held, rightly not interfered with by High Court.-[Appeal against acquittal]. Date of hearing : 18th February, 1980.                                                                                                                                                         JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-The acquittal of respondents Nos. 1 to 4 by the learned Additional Sessions Judge, Rawalpindi, in a case of murder, armed by the Lahore High Court in its revisional order dated 29th May, 1973, has been brought under challenge through this petition for leave to appeal. The allegations against the said respondents were that they armed with deadly weapons caused injuries to Nazir deceased and Said Ahmad and Mst. Mazloom Bibi P. Ws. Zammured respondent was allegedly armed with a chhuri, while Lal Khan carried a kulhari and the remaining two had sotis. The attack was motivated on account of dispute over a well in connection with which there was an earlier civil litigation. Mst. Mazloom Bibi and Said Ahmad appeared as eye-witnesses and involved all the four respondents as culprits, in their depositions. Evidence was also led to support the recovery of chhuri from Zammured…