Law:

Section:

Constitution of Pakistan (1973)--­Art. 185 (3)-Leave to appeal-Petitioner acquitted of charges at conclusion of trial but High Court after having satisfied itself admitting revision against order of acquittal to a full hearing and in exercise of discretion vested in it also issuing non-bail able warrant against petitioner and after hearing him committing him to prison-Revision petition against petitioner standing listed for hearing Case, in circumstances, held, not fit for interference by Supreme Court. JUDGMENT MUHAMMAD AKRAM, J.-Muhammad Shafi petitioner was tried under section 3021328, P. P. C. for the murder of one Mst. Tabasam by the Sessions Judge, Bahawalpur who eventually acquitted him of the charges on the 19th of July, 1978. Feeling dissatisfied, respondent No. 1 complainant applied to the District Magistrate for filing an appeal on behalf of the State. But the request was turned down. Thereafter, he filed a revision under section 439 Cr. P. C. in tile Lahore High Court, Bahawalpur circuit at Baghdad-ul-Jadid against the acquittal of the petitioner. On the 7th of April, 1979, a learned Judge of the High Court observed that Mst. Tabasam deceased was got admitted to the hospital as a suspected case of poisoning. After her death she was buried without any post-mortem examination conducted in that con­nection. This was later on pointed out by the Resident Medical Officer. On this a case was registered with the Police at the instance of Dr. Rehmat Ullah Chaudhry (P. W. 8), Medical Superintendent of the Hospital and the dead body was exhumed.. The post-mortem examination revealed that the victim had been administered insecticide resulting in her death. On a perusal of the evidence on the record, the learned Judge in Chambers was inclined to agree with the learned counsel for the complainant that the independent testimony of P. W. 2 Dr. Abdur Rehman, P. W. 3 Muhammad Ashraf and P.W. 25 Mst. Janat was not properly appreciated by the trial Judge in acquit­ting the petitioner. It was further contended that the evidence of recoveries was not properly weighed…

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