Law:

Section:

Penal Code (XLV of 1860)-S. 302 read with Constitution of Pakistan (1.973), Art. 185 (3) Murder-case-Leave to appeal-Prosecution witnesses A and N for good reasons believed by High Court to be chance witnesses and have not seen occurrence-High Court observing as to complainant that although he could not be termed as a chance witness and probably remained present at spot yet in view of enmity and blood feud existing between parties his testimony could not be relied upon without independent corroboration as to identity of assailants - No such corroboratory evidence, however, available on record-High Court, in circumstances, held, rightly abstained from relying on testimony of complainant alone for maintaining respondent's conviction and justified in acquitting him for lack of evidence. ORDER ASLAM RlAZ HUSSAIN, J.-This petition by Sher Baz Khan complainant is directed against the acquittal of Dervaish respondent by the High Court of Peshawar by its judgment dated 15-1-1980. 2. Dervaish respondent and Gul Nawaz (absconder) are alleged to have fired at and killed Naushad deceased. The occurrence in this case took place at 9.45 a.m. on 23-2-1978 near Village Charsaddah. The F. I. R. was lodged by Sher Baz Khan father of the deceased at 9.30 a.m. at Police Station Parang which was recorded by Zulfiqar Hussain Shah, S. H. O. (P. W. 9). 3. The prosecution story, briefly, is that the deceased and his father Sher Baz Khan were both employed in Charsaddah Sugar Mill. They were returning on a bicycle at 8 a.m., after having worked at the mill during the night shift. The bicycle was being paddled by the deceased while his father was sitting on the back seat. When they reached two furlongs from the mill they were fired at by Dervaish and his brother ineffectively. Sher Baz Khan jumped from the bicycle and ran towards an adjacent field while the deceased tried to escape by rushing away from the spot on his bicycle. The two accused fired at him again as a result of which he fell down from the bicycle. The accused then rushed towards him and fired another shot at him. As a result of the injuries received by him Naushad died at the spot whereafter the two accused ran away. Apart…

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