Law:

Section:

Constitution of Pakistan (1973)----- Art. 185(3)-Penal Code (XLV of 1860), S. 302/34-Leave to appeal against acquittal-Absence of explanation as to why eye-witnesses were present at place of occurrence-Omission to mention name of one of accused persons in F. I. R. Absence of food in deceased's stomach although said to have taken meals three hours before incident-False implication of one of accused and to confirm participation of such accused in crime, fabrication of knife reacting on prosecution case as a whole when ocular testimony unequivocally refers to such accused's participation and his causing injuries to deceased-Joining of two or three persons as suspects establishing that identification of real culprits was doubtful-Deceased's brother (witness) in his further statement making clean, breast admission of fact that one of accused persons implicated after involving hire-Held, there was no guarantee as to how testimony of such witness could be credible as regards others when it was established that he had falsely testified to participation of one accused-Incident, therefore, was not at all witnessed by such witnesses in circumstances-Leave to ,appeal against acquittal refused. Abdul Hakeem Khan, Senior Advocate Supreme Court, instructed by Ch. Karam Elahie Badar, Advocate-on-Record for Petitioner. Nemo for Respondents Nos., 1 to 4. Akhtar Ali, Advocate-on-Record for the State. Date of hearing: 31st October, 1983. ORDER MUHAMMAD HALEEM, ACTG. C. J.-This petition arises from the judgment of the Lahore High Court, Lahore„ dated the 27th of January, 1982 whereby Ashiq Hussain, Khadim Hussain, Ahmad Khan and Safdar Hussain were acquitted. The petitioner seeks leave to appeal against their acquittal. They were all convicted under section 302 read with section 34, P. P. C., and sen­tenced to life imprisonment and fine for the murder of Ghazanfar Ali. The incident occurred at 11-30 p.m. on the 25th of May, 1974 at the threshing floor of Nazakat Ali, the brother of the deceased. Nazakat Ali, the deceased, Allah Ditta and Muhammad Akram another brother of the deceased were asleep, when the others were awakened by some words uttered by the deceased. Nazakat Ali ,…

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