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Constitution of Pakistan (1973)---Art. 185 (3)--Penal Code (XLV of 1860), S. 302/34---Murder-­ Acquittal---Appreciation of prosecution evidence by High Court found unexceptionable-Prosecution miserably failing to corroborate testimony of eye-witnesses---Leave to appeal against acquittal refused. Tariq Jamal Khan, Advocate-on-Record, M. Ajmal, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Petitioners. Jalaluddin Khan, Advocate-on-Record for Respondents. Date of hearing: 15th November, 1983. ORDER MIAN BURHANUDDIN KHAN, J.-This order will dispose of Criminal Petitions for Leave to Appeals Nos. 8, 10 and 16 of 1983 directed against the judgment and orders of Peshawar High Court dated 25-1-1983 passed in Criminal Appeals Nos. 84 and 85 of 1980 and Criminal Revision No. R/65 of 1980, whereby Afsar Khan and Mir Afsar Khan sons of Ziarat Khan accused/respondents residents of village Yar Hussain, Tehsil Swabi, District Mardan were acquitted of charges under section 302, read with section 34, P. P. C. and under section 13-A of the Arms Ordinance. 2. The two accused/respondents, named above, were tried by the learned Additional Sessions Judge, Mardan at Swabi, and were convicted -and sentenced to life imprisonment under section 302, read with section 34, P. P. C. and a fine of Rs. 2,500, each, or in default of payment of fine, they were ordered to undergo further R. 1. for one year each. Fine, if realized was ordered to be paid to the legal heirs of the deceased Zaman Khan as com­pensation under section 544-A, Cr. P. C. They were further indicted for an offence under section 13 of the Arms Ordinance for being in possession of an unlicenced DB gun on the day of occurrence, soon after the murder of Zaman Khan deceased, and were sentenced to three years' R. I, and fine of Rs. 500, or in default of payment of fine, to further R. I. for six months each. 3. The two convicts preferred their appeals against their conviction and sentence in the Peshawar High Court while Zahir Khan son of Zaman Khan deceased, also filed a revision petition for enhancement of their sentence from life imprisonment to death. Both the appeals and revision were disposed of by a…

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