Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3) read with Criminal Procedure Code (V of 1898), S. 417 and Penal Code (XLV of 1860), S. 302/148/149 Appeal against acquittal Ample evidence on record to establish existence of bad blood between complainant party and accused party Conspicuous absence of a single empty from spot after firing 7 or 8 shots unexplainable Inherent improbabilities in prosecution case¬ Judgment of acquittal recorded by High Court proceeding .on proper application of well settled principles of assessment of evidence and administration of criminal justice Leave to appeal refused. ORDER MUHAMMAD AFZAL CHEEMA, J. Petitions for special leave to appeal Nos. 421, 422, 423 and 424 of 1974, all moved by Abdullah Khan petitioner are connected matters and are being disposed of by a single order. A case under sections 148 and 302/149, P. P. C. was registered at Police Station, Mochh, District Mianwali, on the report of the petitioner in respect of the murder of his son Hafeezullah allegedly committed by the five respondents in these petitions on 29 11 1971 at peshiwela in the graveyard of Malook Shah in the revenue estate of Mochh, one mile away from the police station. The Sessions Judge, vide his order dated 21 5 1978 convicted all the respondents and sentenced them to death, besides a term of two years' rigorous imprisonment under section 148, P. P. C. They preferred different appeals in the High Court which were accepted by a D. B. of the Lahore High Court and the consolidated judgment is dated 3 10 1974. It is from this judgment of acquittal, that the petitioner has moved these petitions for special leave to appeal. All the respondents are not only related inter se but are also collaterals of the complainant party. The relevant background of the case is that on 28 11 1971, a little before sunset time, Samand Khan brother of Sarwar Khan respondent in Petition No. 421 was murdered. while his brother Fateh Khan was injured, at the hands of a third party of Faujdar Khan, .etc. against whom a case was registered on charge of murder,. etc. 1t is in evidence that there were blood feuds and criminal litigation between the aforesaid Faujdar Khan, etc. and…

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