Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 417--Penal Code (XLV of 1860), S. 302/149--Appeal against acquittal--Contention of petitioner being that parties were neighbours; were known to each other intimately; no possibility of mistaken identity of assailants existed there was no previous hostility between parties and eye-witnesses not likely to involve accused falsely; presence of complainant proved by fact of injuries received by him; complainant not shown to have any previous enmity with accused party which could be said to have induced him to involve accused falsely or to attribute fatal injury to him and that no intrinsic flaw has been found in testimony of eye-witnesses-­Submission of petitioner appearing to have sufficient force so far as acquittal of at least one of accused concerned--Leave to appeal granted to reappraise prosecution evidence to consider as to whether or not High Court was justified in disbelieving prosecution evidence in relation to that accused. Badrudduja Khan, Advocate Supreme Court and Nazir Ahmad Siddiqui, Advocate-on-Record for Petitioner. S. M. Abbas Advocate-on-Record for the State. Date of hearing: 15th January, 1985. ORDER ASLAM RIAZ HUSSAIN, J.--This petition by Ashiq Hussain complainant is directed against the acquittal of respondents 1 to 5 of the charge of murder by the High Court. 2. The occurrence in this case took place on 29-6-1978 at 8-p.m. in front of House No. 4/15 Liaqatabad, Karachi, wherein the respondents are alleged to have attacked and killed Shakuruddin (deceased) and injured his son Ashiq Hussain P.W. 1. The F.I.R. was lodged at 10-30 p.m. on the same night by Ashiq Hussain aforesaid. 3. Both the parties are neighbours. It is alleged that at about 8 p.m. while Ashiq Hussain was watching T.V. in his house, a stone came from the adjacent house hitting his younger sister Yasmeen. Ashiq Hussain went out and made an inquiry about it, where after Mst. Sharifan (a lady of the family of the other side) started abusing him. Soon thereafter all the accused-respondents came out. They were armed with Dan das, except Muhammad Bashir (respondent) who was armed with a hatchet.…

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