Law:

Section:

Constitution of Pakistan (1973)-----Art. 185 (3)-Penal Code (XLV of 1860), S. 302--Murder-Petition for leave to appeal against acquittal-Appraisal of evidence by High Court proceeding on well-established principles for appreciation of evidence in criminal cases - Testimony of alleged eye-witnesses, containing contradictions and improvements reflecting upon credibility of witnesses, not of quality on which conviction on a capital charge could be sustained-Leave to appeal refused. S. Imad-ud-Din Gilani. Advocate Supreme Court with Qasim Imam, Advocate-on-Record for Petitioner. J. D. Akbarji, Advocate-on-Record for Respondents. Date of hearing: 15th November, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-Petitioner Sher Hassan is aggrieved by the judgment and order passed by a Division Bench of the Peshawar High Court dated 2-11-1982 whereby Muhammad Nawaz, respondent No. 1, was acquitted of the charge of murdering his son Wazir Hassan deceased and seeks leave to appeal therefrom by this petition. 2. The facts disclosed in the first information report lodged by the petitioner were that on 6-7-1979 at Sham Qaza Vela (about sunset time) the petitioner and his wife Mst. Asal Bibi (P. W. 10) were present in their house, situated in village Mohammed zai. Their son Wazir Hassan deceased had gone out of the house a little before the occurrence. All of a sudden they heard the report of numerous gun fire shots and in order to know as to what had happened he and his wife went outside the house. When they reached 'Torpul' under the railway line, the petitioner saw Wazir Hassan lying in injured condition and the first respondent alongwith Khalid and Bilo armed with guns standing at a little distance. On seeing the petitioner and his wife, the culprits opened fire at them but he took shelter behind a heap of stones and escaped unhurt, whereas after the departure of the assailants he found his wife Mst. Asal Bibi also injured as a result of the firing. Another woman Mst. Nasreen who was returning to her house from the well also received injuries. This report was first recorded by Habibullah Khan, S. H. O. Police Station, Kobat City at 2-40 hours in the form of a statement at the Liaquat…

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