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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302/34--Appeal against acquittal--Misreading of evidence--Contentions raised that evidence being convincing and free from taint, medical evidence could be used for corroborating it and site plan only for contradicting same--View taken by High Court not in accord with law laid down by Supreme Court--Leave to appeal granted to examine whether acquittal proceeded on well ­recognised principles of safe administration of criminal justice--Bailable warrants against respondents, orders to be issued. Bacha Said v. The State P L D 1978 S C 102; Yaqoob Shah v. The State P L D 1976 S C 53 and Taj Muhammad v. Muhammad Yusuf and 2 others P L D 1976 S C 234ref. K.G. Sabir, Asstt. A.-G. N.-W.F.P. instructed by Nur Ahmad Khan, Advocate-on-Record for Petitioner (absent) (in Cr.P. 33-P of 1985). Nemo for Respondents (in Cr.P. 33-P of 1985). Sardar Muhammad Ishaq Khan, Advocate Supreme Court and M. Afzal Siddiqui, Advocate-on-Record (in Cr.P.76/R of 1985) for Petitioner. K.G. Sabir Asstt. A.-G. N.-W.F.P. with Nur Ahmad Khan Advocate-on-Record (absent) for the State (in Cr.P.76/R of 1985). Date of hearing: 26th January, 1986. ORDER SHAFIUR RAHMAN, J.--By two separate petitions; one by the complainant and the other by the State, leave to appeal is sought against the same judgment of the Peshawar High Court, dated 14th of May, 1985 whereby the criminal appeal of the two convict-respondents was allowed and they were acquitted of the charges under section 302/34, P.P.C., and their conviction and sentence therefore, was set aside. On the 19th of December, 1981 Sabz Ali was shot dead in village Kandar, Police Station Nowshera Kalan, District Peshawar. A case was registered against the two respondents and two others. The learned trial Court held the two respondents guilty convicted them under section 302/34, P.P.C. sentenced both to life imprisonment and a fine of Rs.10,000 each or in default to undergo R.I. for two years. Their other two companions were acquitted. On their appeal against conviction and sentence, the High Court found that the case against them was not free from doubt and acquitted them. The…

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