Law:

Section:

Constitution of Pakistan (1973)--Art.185(3)--Criminal Procedure C-is S. 417-Anneal against acquittal--High Court upholding acquittal of accused respondents on basis of determination of questions of fact--Concurrent findings of fact by Courts below not shown to be perverse, arbitrary or conjectural--Leave to appeal refused. ORDER MUSHTAQ HUSSAIN, J.--Noor Shah and his son-in-law Sher Shah were tried by the learned Sessions Judge, Rahimyar Khan under section 449/302/34, P.P.C. for causing the death of Wazir Shah with hatchets at about midnight the house of Bahar Shah, the father-in-law of the petitioner in Chak No.11/N.P. Tehsil Sadiq Abad, District Rahimyar Khan, and acquitted. 2. The prosecution story is that Wazir Shah deceased was carrying on an illicit liaison with Mst. Shahnaz daughter of Noor Shah accused for about five years preceding the occurrence. This Mst. Shahnaz was meanwhile married to Sher Shah respondent who started living with her in the Province of Sind. She died about two years after the marriage and Sher Shah returned to his Chak No.11/N.P. On the preceding evening the petitioner had gone to the house of his father-in-law Bahar Shah in this very Chak and had stayed overnight with him. Bahar Shah, Wazir Shah deceased, his brother, and his son Lal Shah slept in the courtyard. They woke up at about midnight on hearing the out cries of Wazir Shah deceased. In the light of moon Ghulam Shah P.W.8 saw Nur Shah and Sher Shah respondents injuring his brother Wazir Shah. The accused succeeded in making good their escape over the wall of the house while Ghulam Shah was shouting for help. Ghulam Shabir further stated that Niaz-ul-Hasan P.W. had seen the accused running away from the place of occurrence. 3. Ghulam Shah P.W.8 lodged the first information report Exh.P.A. at Police Station Sadiq Abad six miles away from the place of occurrence on 8-5-1976 at 4 a.m. 4. The prosecution produced three eye-witnesses Ghulam Shah P.W.8 who is a brother of the deceased, Bahar Shah P.W.9 the father-in-law of Ghulam Shah, Lal Shah P.W.10 son of Bahar Shah. They also recovered hatchets stained with human blood, the recovery whereof was witnessed by Niaz-ul-Hassan…

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