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Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), 5.417--Penal Code (XLV of 1860), Ss. 304-1/149 & 325/148--High Court acquitting all accused persons on ground that prosecution version was improbable and doubtful while defence version appeared to be more probable--Complainant contending that defence version was most improbable and in any case plan and evidence showed that accused persons killed deceased and injured prosecution witnesses at Dera of complainant which was at quite a distance from place where incident took place, as per defence version-­Held, such aspect of case going to very root and required consideration and examination with a view to finding out if order of acquittal passed by High Court was based on safe principles of dispensation of criminal justice--Leave to appeal granted to consider and examine same. ORDER MUSHTAQ HUSSAIN, J.--Hidayat Khan, Lal Khan, Azmat Ali, Mubarik Ali, Mansab Ali, Kifayat Ali, Faqir Hussain, Nawazish and Ghulam Ali stood their trial before the Additional Sessions Judge, Sargodha under sections 148, 325, 149 and 302, P.P.C. for having committed rioting and the murder of Sher Muhammad deceased and for having caused grievous and simple injuries to Faiz Muhammad, Fazal Muhammad, Khadim Hussain and Muhammad Ismail P.Ws. in the prosecution of the common object of the unlawful assembly. The occurrence took place on 14-7-1974 at about 1 p.m. in Killa No. 15, Square No. 59 in the area of Chak No. 138 S.B. five miles from Police Station Sillanwali. The learned trial Court convicted all of them under section 304/1 read with section 149 and sentenced them to 5 years rigorous imprisonment each and to pay a fine of Rs.200. He further convicted them under sections 325 and 148, P.P.C. and awarded one years R.1. under each count. 2. The High Court disbelieved the prosecution version and acquitted all nine of them. 3. During the investigation all the accused except Ghulam Ali were arrested on 15-7-1974 while he was arrested on 16-7-1974. A hatchet P.8 found by the Serologist to be stained with human blood was recovered from Hidayat and Dangs were recovered from the remaining 8 accused. 4. At the…

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