Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185(3) - Penal Code (XLV of 1860), S. 302/34-Murder­Acquittal by High Court-Leave to appeal-Granted to consider contentions (i) that one of eye-witnesses was not related to deceased but was an independent witness (ii) that no contradiction existed between medical evidence and ocular testimony (iii) that High Court wrongly disbelieved recovery of crime empty from spot and (vi) whether miscarriage of justice had not taken place in case.-[Witness]. (b) Penal Code (XLV of 1860)--- --- S. 302/34-Criminal Procedure Code (V of 1898), S. 417-Murder­Acquittal-Appeal from-Glaring defects found in prosecution evidence casting grave doubt on veracity of its case-Eye-witness changing version during statements at trial-Medical evidence falsifying evidence of eye-witnesses-Acquittal- of accused by High Court-Held, justified in circumstances of case. Zafar Mahmood, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-­on-Record for Appellant. Munir Ahmad Bhatti, Advocate Supreme Court with M. A. Qureshi, Advocate-on-Record (absent) for Respondents Nos. 1 and 2: Rao M. Yousaf, Advocate Supreme Court with S. Abid Nawaz, Advocate-­on-Record (absent) for A.-G. for the State. Date of hearing: 4th December, 1983. JUDGMENT ASLAM RIAZ HUSSAIN, J.-This is an appeal by Mushtaq Ahmad against the acquittal of Muhammad Afzal and Abdul Khaliq respondents. 2. The occurrence in this case took place on 10th of March, 1975 at 3-30 p.m. in the area of Dhok Sihhat, Village Jandot, District Jhelum. The F. I. R. was lodged by Basharat Ali (P. W. 14) at Police Station, Sohawa at 4-15 p.m. on the same day. The prosecution story as given in the F. I. R. is, briefly, that on 10th of March, 1975, Basharat Ali P. W. 1 (the first informant) and his maternal uncle Muhammad Siddiq (deceased) came from Rawalpindi, to their Village Jandot. They started back for Rawalpindi at about 3-30 .m, and proceeded in the direction of Sargodha Bus Stand. They had hardly gone about a mile from the village and had reached Sadowala Road in the area of Dhok Sehat. Muhammad Siddiq was going ahead of Basharat Ali P. W. Muhammad Afzal respondent and Muhammad Nazeer (co-accused)…

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