Law:

Section:

Constitution of Pakistan (1973) -- Art. 185 (3) and Criminal Procedure Code (V of 1898), S. 417¬Leave to appeal Acquittal Petitioner not raising any question of law or pointing out any material evidence not considered or misread but only stating that erroneous conclusions having been drawn from evidence Judgments of Courts below appearing to have been based on cogent reasons Petitioner also omitting to file on record copies of statements of witnesses to enable Court to see whether a view different from one taken by Courts below was possible Petition for leave to appeal against acquittal dismissed in circumstances. [Appeal against acquittal]. ORDER ASLAM RIAZ HUSSAIN, J. Qurban Hussain petitioner seeks Leave to Appeal against the acquittal of the four respondents of offences under section 307/326/34, P. P. C. 2. Chanan Din, Muhammad Siddiq, Muhammad Akbar and Muhammad Rafique, respondents, were tried by Khan Hakim Khan Baluch, S. 30 Magistrate, Chakwal, for the . aforementioned offences, on the F.I.R. which was lodged by Qurban Hussain petitioner on 14 10 1976. According to the F.I.R. Qurban Hussain was present at this house alongwith his nephew Akhmar Hussain, when Muhammad Akbar and Muhammad Rafique, respondents, passed in front of his house. He asked them as to why they had constructed a well on his land although his (i.e. complainant/petitioner's) wife, Mst. Noor Begum had also told them not to do so. The parties started abusing each other and an altercation took place between them. In the meanwhile Chanan Din armed with spear and Muhammad Siddique armed with a lath came over there. Muhammad Siddique gave a lath! blow on the shoulder of Akhmar Hussain while Chanan Din gave a spear blow on the back of Qurban Hussain complainant. Akbar and Rafique Respondents, only gave fist blows to them. Thereafter the four accused respondents ran away. The matter was reported to the police by the petitioner and after arrest of the accused they were put up for trial before the learned Magistrate at Chakwal. 2. At the trial Akhmar Hussain and Qurban Hussain P. Ws. Supported the prosecution story. The respondents denied their guilt. Chanan Din respondent explained that in…

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