Law:

Section:

Constitution of Pakistan (1973)---- Art. 185(3)-Penal Code (XLV of 1860), S. 302-Murder-Evi­dence-Petition for leave to appeal against acquittal-Ocular evidence Held, must stand test of strictest possible scrutiny before it can be relied upon-Acquitted respondents joined without evidence of their having common cause against deceased or having conspired to commit crime-Eye-witnesses found to have reason to falsely -implicate one of accused-High Court found not unjustified in declining to place un­stinted reliance on ocular evidence-Mere fact that another view diff­erent from that of High Court could be taken--Held, not sufficient to calf for interference with of High Court-Leave to appeal refused. Muhammad Ilyas v. State P L D 1967 S C 443 rel. Mian Nusratullah, Senior Advocate Supreme Court instructed by Ch. Karam Elahie, Advocate-on-Record for Petitioner. Advocate-General, Punjab and Ghulam Dastgir, Advocate Supreme Court for Respondent No. 3. Date of hearing: 23rd .November, 1983. ORDER M. S. H. QURAISHI, J.-Petitioner Malik Khan, the complainant in the case, is aggrieved by the judgment dated 6-I-1982 of the Lahore High Court, whereby on appeal the conviction and sentence of respondents Muhammad Yaqub and Samandar Khan for the murder of Amir Hussain, a brother of the complainant, recorded by the Court of Session, Jhelum, was set aside and they were acquitted.. 2 The facts briefly stated are that on 18-8-1980 at 8-30 a. m. the complainant and the deceased were going on bicycle from their village to Chakwal that near the dera of Muhammad Bakhsh, the complainant got off the cycle in order to urinate while the deceased proceeded on but he had covered only a short distance when the two respondents each armed with '12 bore gun attacked him. Samandar Khan fired first hitting the deceased on his right hand as a result of which he fell down from the cycle. Muhammad Yaqub fired the next shot hitting the deceased on the chest and killed him at the spot. The occurrence was also witnessed by Muhammad Asghar Khan (P. W. 13) and Haq Nawaz and Sultan Muhammad (not produced). The report was lodged at 10 a. m. The investigating officer recovered the cycle from the spot and…

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