Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), S.302--Appeal against acquittal--Benefit of doubt--Testimony of two interested eye-witnesses lacking proper corroboration--Presence of another eye-witness considered doubtful and his testimony excluded on grounds of propriety and safety--Counsel unable to point out any error of law or violation of any settled principle of appreciation of evidence which could have led to miscarriage of justice--Petitions dismissed. Sh. Zafar Mahmood, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. M. Bilal, Advocate Supreme Court for the State. Date of hearing: 16th December, 1985. ORDER NASIM HASAN SHAH, J.-- These are two petitions for leave to appeal directed against the judgment, dated 3-2-1985 passed by the Lahore High Court in Criminal Appeal No. 1074 of 1980 and Criminal Revision No. 948 of 1980, whereby the appeal filed by respondents Nos. 1 and 2 against their conviction for tire murder of Muhammad Khan deceased under section 302, P.P.C. wherein the former was sentenced to death and the latter sentenced to life imprisonment by the Additional Sessions Judge, Mianwali was accepted and they were ordered to be set at liberty. The private revision (Criminal Revision No. 948 of 1980) seeking enhancement of the punishment awarded to Shah Jehan, respondent No. 2 (from life imprisonment to death) was, therefore, automatically dismissed. The facts, which form the background, are that on 9-2-1978 at Jhikki Degarwela the complainant (Ata Muhammad) alongwith his uncle Muhammad Khan (deceased) went out of his house for purchasing household articles. However, when they had reached near the tea shop of Faiz Ali in the Main Bazar, Kundian, the two accused, namely, Muhammad Farooq and Shah Jehan (respondents Nos. 1 and 2 herein), who were armed with pistols, suddenly appeared from behind and after raising a Lalkara both of them fired at Muhammad Khan, who fell down after receiving injuries on the back and the left thigh. The occurrence was witnessed besides the complainant (Ata Muhammad P.W.8) by Muhammad, P.W.9, and Muhammad Siddiq, P.W.10 and some others. Muhammad Khan deceased…

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