Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Appeal against acquittal--View of evidence taken by High Court reasonable, proper and supported by material on record :-Judgment of High Court proceeding on grounds well accepted for safe administration of criminal justice-­Petition for leave to appeal being devoid of merits, dismissed. Ch. Tariq Azam, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sh. Zamir Hussain, Advocate Supreme Court instructed by Imtiaz M. Khan, Advocate-on-Record (absent) for Respondents Nos. 1 to 3. Ch. Ghulam Ahmad, Advocate Supreme Court with Rao M. Yusuf Khan, Advocate-on-Record for the State. Date of hearing: 17th December, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner, a complainant in a case registered under section 302/34, P.P.C. and 307/34, P.P.C. vide F.I.R. No. 108 P.S. Hazro, District Attock, seeks leave to appeal against the judgment of the Lahore High Court, dated 11th of March, 1985 whereby the conviction of the three respondents was set aside and they were acquitted of the charges. Muhammad Iqbal, the complainant, had stood surety for Mansab respondent in a murder case in which on his acquittal another complainant in that case had filed a revision petition which was pending in the High Court for hearing. In September, 1979 Muhammad Iqbal applied and got himself released as a surety as the failures of Mansab respondent to attend the Court in response to its notices in that revision were frequent. This had-Eggrieved Mansab and his brother Tufail and their brother-in-law Feroz, the respondents in the case. It is said that on the 6th of August, 1980 Mahmood, a son of Mansab respondent, had given a Danda blow to Muhammad Nawaz (P.W. 6) nephew of the deceased and the complainant. In retaliation on the morning of 7th August, 1980 Muhammad Nawaz had inflicted Lathi injuries on Mahmood. The same day at about 5.30 p.m. Mansab and Tufail armed with Chhuris and Feroz armed with a Lathi came to the petrol pump of Sheikh Ifiaz in Hattian near bus-stand village Saidpur and started abusing Muhammad Arif (P.W.9) another nephew of the complainant. This attracted…

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