Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 417-Appeal against acquittal--Trial Court who had opportunity to hear witnesses and take into consideration all other circumstances acquitting accused on ground that first information was lodged with delay, brother of complainant who was present at scene of offence was not produced as eye-witness and that other circumstances did not support ocular testimony of complainant--Leave refused. Imtiaz M. Khan, Advocate-on-Record for Petitioner. Bashirullah Khan, Assistant Advocate-General (N.-W.F.P.) and M.. Shakirullah Jan, Advocate-on-Record for Respondent No.3. Date of hearing: 29th January, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--Petitioner Mst. Karam Jan, widow of Alif Din deceased seeks leave to appeal against the judgment and order of the Peshawar High Court, dated 29-4-1985 whereby, the State appeal and revision petition of the petitioner against the acquittal of respondents Nos.l and 2 were dismissed. 2. Prosecution story is that on 9-8-1981 at about Deegar time the deceased Alif Din was returning from the shop of village carpenter. He saw buffalo of Muhammad Akram accused /respondent No.l damaging his maize crop. The deceased called out Muhammad Akram and made a complaint about this; on this an altercation took place between them. Muhammad Akram and Ghulam Haider accused, respondents attacked the deceased with sticks. Ghulam Haider also threw stones at the deceased who was injured and fell on ground. Mst. Karam Jan and her brother raised alarm, which attracted the co-villagers. The deceased was unconscious and arrangements were being made for taking him to the Police Station but he succumbed to his injuries at about Qaza Shamvela. The dead body was taken to the Police Station on cot and complainant lodged the report. 3. Dr. Noor Wahab Shah conducted the post-mortem examination on the dead body of Alif Din deceased and he found two lacerated wounds on the left side of posterior part of the head and bruises on forehead right shoulder and right side chest. The injuries in the opinion of the doctor, were caused by blunt weapon and death of the deceased was due to shock and…

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