Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3) read with Penal Code (XLV of 1860), S. 302 and Criminal Procedure Code (V of 1898), S. 417 Murder Evidence ¬Acquittal Appeal from High Court differing from trial Court in regard to acceptance of evidence of recovery of crime weapons and acquitting accused Leave to appeal Granted to examine reasons of such difference. [Appeal against acquittal]. ORDER MUHAMMAD HALEEM, J Respondents Nos. 1 and 2, alongwith Muhammad Ashraf were tried by the earned Sessions Judge, Campbellpur for the murder of Muhammad Aslam and while Muhammad Ashraf was acquitted, the respondent No. 1 was sentenced to death and to pay a fine of Rs. 3,000 or in default to suffer rigorous imprisonment for one year. Respondent No. 2 was sentenced to imprisonment for life and to pay a fine of Rs. 2,000 or icy default to suffer rigorous imprisonment for one year, by judgment dated 30 4 1974. Both the respondents appealed while the Sessions Judge made a reference for the confirmation of sentence of death passed on respondent No. 1. The petitioner preferred a revision seeking for the enhancement of the sentence passed on respondent No. 2. A Division Bench of the Lahore High Court by judgment dated 9 5 1975, accepted the appeal and acquitted the respondents. In consequence thereof the murder reference and the Criminal Revision were rejected, the appeal of respondent No. 2 against his conviction under section 1 3 of the Arms Ordinance, 1965 was also accepted and his conviction and sentenced were set aside. The petitioner now seeks special leave to appeal against that judgment. The parties are related inter se. Ghulam Muhammad Khan, a Lambarda; died in 1939, leaving his surviving three widows, Mst. Bago, Mst. Akbar Jar, and Mst. Bakht. From Mst. Bago he had a son named Walayat who died issueless in 1947 and 3 daughters, Mst. Khursheed, Mst. Siftan (mother of Muhammad Aslam) and Mst. Goharjan. From Mst. Akbar Jan he had a son named Sher Khan, who is the father of Mahmood Khan P. W. 13, an eyewitness in the case. From Mst. Bakht he had two sons, Kala Khan and Yak; Khan. The acquitted accused Muhammad Ashraf is the brother of fist. Bakht and respondent No. 2 is…

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