Law:

Section:

Penal Code (XLV of 1860)----Ss.302/34--Criminal Procedure Code (V of 1898), 5.417--Appeal against acquittal--Prosecution case resting on testimony of two eye­witnesses viz. nephew and brother of deceased--Previous enmity of witnesses with accused family established on record--Discrepancies in testimony and medical evidence also shown on record--Testimony of witnesses not corroborated by any independent evidence--High Court, held, justified in holding that conviction of accused could not be maintained on evidence on record and accused were rightly acquitted in circumstances. ORDER ASLAM RIAZ HUSSAIN, J.--Sheikh Muhammad complainant has filed the present petition against the acquittal of Ghulam Muhammad and Shah Muhammad respondents. The two respondents were tried for murdering Zakir Ali on 28-12-1976 at 3 p.m., in Village Khanpur, Tehsil and District Lahore. The F.I.R. about the occurrence was lodged by Sheikh Muhammad (petitioner herein), a brother of the deceased, at 3.45 p.m., on the same day, which was recorded by Amanullah S.I. 2. The motive for the occurrence is stated to be that 5/A days prior to the present occurrence, Rafaqat Ali son of Ghulam Muhammad respondent damaged the Jawi and Bursin crops of Zakir Ali deceased and thus altercation ensued, who gave slaps to Rafaqat Ali. 3.The incident briefly described was that the respondents /accused came armed with rifle and gun respectively, raising Lalkaras saying that Zakir Ali will be taught lesson for slapping and abusing Rafaqat Ali. Thereafter, both the respondents started firing upon Zakir Ali. Ghulam Muhammad's fire shot rested on the chest of the deceased who fell on the ground. The petitioner and his companion tried to give a hand to the fallen victim but were fired at. They, however, escaped unhurt. The accused/ respondents ran away from the spot. After recording the F.I.R. the Sub-Inspector visited the spot and recovered blood-stained earth (Exh . P. E.); 2 empties of bullets (Exh.P/1-2) and 3 empties of cartridges (P.7/1-3). He sent the dead body for post-mortem examination. Both the…

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