Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 185 (3)-Penal Code (XLV of 1860), S. 302/34-Appraisal of evidence-Appraisal of prosecution evidence made by High Court in full accord with well-settled principles of law-Leave to appeal refused. (b) Penal Code (XLV of 1800)- ----S. 302/34 - Evidence, appraisal of -- Prosecution case itself supporting cogent reasons for doubting claim of eye-witnesses as to their presence at scene of offence and having witnessed crime-Held, with such skeleton ocular evidence and defects in timing and documents contemporaneously prepared, it is not possible to hold that accused were guilty of charge framed against them beyond reasonable doubt. Ashiq Hussain Malik, Advocate Supreme Court for Petitioner. Atta-ur-Rehman, Advocate Supreme Court and Shaikh Ijaz Ali, Advocate-on-Record for the State. Date of hearing: 7th May, 1983. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Lahore High Court dated 20-1-1979 by which a joint appeal filed by the two respondents, Ghulam Qadir and Noor Muhammad who are brothers inter se, was allowed, and in result their conviction under section 302/34, P. P. C. for which they were awarded life imprisonment was set aside. The crime occurred on 16-7-1975 at about 9-00 p. m. near Basti Kotli in the area of Khanpur Police Station, District Rahimyar Khan, and it was reported by Faqir Bakhsh, petitioner herein. In the F. I. R. Faqir Bakhsh stated that, he and his two brothers Ahmad Bakhsh (deceased) and Gaman had gone to Basti Maikan at a distance of about one mile to visit their ailing sister Mst. Jiwal. While they were returning to their village, he and Gaman heard alarm of Ahmad Bakhsh who was following them, and he saw, with the aid of torch-light, that Ghulam Qadir and Noor Muhammad were giving hatchet blows to Ahmad Bakhsh with the result that the victim fell down and deed on the spot. His son, Latif and Khan Muhammad also reached the spat and witnessed the crime. The assailants threatened them not to intervene as they had avenged the earlier murder of their brother Yar Muhammad and ran away. Faqir Bakhsh leaving the others to guard the dead body of his brother…

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