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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302--Appeal against acquittal--high Court holding that cases as put forward by prosecution was doubtful and witnesses were unreliable--Testimony of independent witness was also not inspiring confidence--No ocular evidence available regarding firing by accused at his daughter and his wife--Prosecution failing to bring home guilt of accused--Treatment of case by High Court and reasoning adopted by it in acquitting accused, not being palpably wrong and no substantial error having been pointed out to induce re-examination of case--Leave to appeal refused. Kh. Muhammad Yusuf Saraf, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondent No. 1. Ch. Ghulam Ahmad, Advocate Supreme Court for Advocate­ General Punjab for Respondent No. 2. Date of hearing: 16th December, 1985. ORDER NASIM HASAN SHAH, J.-- This petition is directed against the judgment of the Lahore High Court, Rawalpindi Bench, dated 12-3-1985, whereby it set aside the penalty of death sentence and other punishments passed against respondent No. 1 by the Sessions Judge, Jhelum on 7-9-1981 and acquitted the said respondent. The relevant facts are that Rab Nawaz, respondent No. 1 was married to Mst. Amir Begum, the sister of the petitioner herein (Khan Beg). Out of this wedlock a son Muhammad Farooq was born, who was 11 years old at the time of the incident. Subsequently, he divorced Mst. Amir Begum and married Mst. Nek Bakht (D.W.1). He then applied for the custody of his son Muhammad Farooq, in which he succeeded. Allah Yar, father of Mst. Amir Begum, and the petitioner hereinafter some time submitted an application to get back the custody of Muhammad Farooq on account of which, it is alleged, relations between them became further strained. According to the prosecution case, on the 7th of November, 1980 at about 4-30 a.m. the petitioner (Khan Beg) and his brother Khan Gul were sleeping in front of the Sarai run by them which is situated opposite of the lorry stand. At about 4-30 a.m. Khan Gul on hearing a fire shot got up and saw Rab Nawaz, respondent, armed with a pistol firing at the…

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