Law:

Section:

Penal Code (XLV of 1860) S. 302 Murder Acquittal of accused by High Court Re¬appraisal of evidence Enmity of eye witness with accused and exag¬gerations in his testimony Statements of other eye witnesses also doubtful No witness of locality produced to support prosecution case Held, High Court justified in acquitting accused and case not fit for re appraisal of evidence Petition for special leave to appeal dismissed. [Evidence]. Murtaza Husain Advocate Supreme Court for Petitioner. Usman Ghani, Advocate General (Sind) for the State. Date of hearing: 21st January, 1980. ORDER ASLAM RIAZ HUSAIN, J. This petition is directed against the judgment and order dated 29th March, 1978 of the Sindh High Court whereby conviction and sentence of Bachal, respondent under section 302/307/34, P. P. C. and section 13/D of the Arms Ordinance was set aside. The facts of the prosecution case are briefly as follows: At 6 30 p. m. on the 7th September, 1973 Abdul Raxaq (deceased) and Ghulam Shabhir P. W: were taking tea at the Hotel' of Ghulam Ali Burio, near the Rohri Cement Factory. Himmat Ali and Malang P. Ws were also sitting in the said Hotel' separately. Bachal respondent with Kaisar and two other co accused, whose names are not mentioned in the F. I. R. came there. Bachal was armed with a pistol while Kaisar co-accused was armed with a 12 bore S. B. Gun. One of the unnamed accused, Gabole by caste, started shouting abuses while the fourth accused started instigating the others to kill. Thereupon Bachal respondent fired his pistol and Kaiser fired his gun. The gun shot fired by Kaiser hit Abdul Razaq in the abdomen, his intestine came out and he fell down. Shabbir P. W. tried to pick up the injured Abdul Razaq but Kaiser fired a second shot at him which hit him on the back, right arm and head. The occurrence was witnessed by Ghulam and Himmat P. Ws. The motive for the offence is stated to be that about 2J years ago Mirdad Sukhani, a relative of Bachal accused/ respondent, was murdered and Imam Bux, a brother of Shabbir P. W. had been challaned in that case. Shabbir rushed to the police station Rohri at a distance of 1/2 mile and lodged the F. I. R. at 7 p. m. Shortly after the…

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