Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302/34-Recovery-Crime weapon-Recovery witnesses not ex­amined to establish fact of recovery-No evidence on record present to sustain that crime weapon (rifle) was sent to Fornesic Laboratory for examination Such recovery, held, should not be taken into considera­tion-Contention that matching of empty with rifle in question, should be accepted as corroboration against participation of accused, repelled in circumstances.--[Recovery]. (b) Penal Code( XLV of 1860)- ---S.302/34-Murder-Enmity between parties-Eight persons imp­licated-Prosecution witness making significant improvements in his evidence to fit in with medical evidence numerous contradictions and omissions noticed in evidence of other witness, which rendered quality of his evidence valueless for sustaining guilt of accused-Version given in F. I. R. qua role assigned to accused persons not coinciding with medical evidence,-Circumstances showing that eight innocent persons were implicated-High Court, held, was justified in recording acquittal of accused in circumstances. Sardar M. Iqbal Khan, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 20th May, 1984. ORDER MUHAMMAD HALEEM, C. J.-Rehmat Ali seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 4th July, 1982, by which respondents Nasir Ahmad and Habib Ahmad were acquitted. The facts, which have given rise to this petition, are that these two respondents alongwith eight other persons were alleged to have waylaid Muhammad Sharif, the son of Rehmat Ali (P. W. 7) and Allah Din at Maghrib prayers' time on z8th of March, 1975, and from amongst them Nasir Ahmad and Habib Ahmad fired rifle shots at them and caused their death. Rehmat Ali lodged the report at 8-30 p. m. at Police Station Saddar, Gujranwala. The motive imputed was that about 8 or 9 months before the incident one Nabi Ahmad a co-villager was murdered and in that murder case these respondents appeared as prosecution witnesses whereas the deceased Muhammad Sharif was examined as a defence witness. Thereafter the parties quarrelled and cross-cases were…

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